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VARGAS v. STATE

No. 3D03-1585.

902 So.2d 166 (2004)

Osberto DeJesus VARGAS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing and Rehearing Denied June 10, 2005.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Robert Kalter, Assistant Public Defender, for appellant.

Charles J. Crist, Jr., Attorney General and Meredith L. Balo, Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., and LEVY, J., and ORFINGER, MELVIN, Senior Judge.

Rehearing and Rehearing En Banc Denied June 10, 2005.

SCHWARTZ, Chief Judge.

Based on the facts that the court reporter's notes of the voir dire examination were destroyed by fire and that the trial judge has certified that the proceedings cannot adequately be reconstructed notwithstanding a full hearing conducted in an attempt to do so, the defendant, claiming that he has thus been deprived of the right to adequate appellate review, has moved for a new trial...

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