LEWIS v. STATE

No. 3D06-1945.

992 So.2d 421 (2008)

Brian LEWIS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

October 15, 2008.


Attorney(s) appearing for the Case

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

Bill McCollum, Attorney General, and Ansley B. Peacock, Assistant Attorney General, for appellee.

Before RAMIREZ, WELLS, and ROTHENBERG, JJ.


ROTHENBERG, J.

After the defendant's first trial resulted in a hung jury and his second trial resulted in a mistrial, the defendant was tried and convicted in a third trial. When it was discovered that the transcript of his third trial could not be provided, the trial court conducted a hearing to reconstruct the record for appeal. The prosecutor who prosecuted the defendant, the trial judge who tried the case, the defendant's trial counsel (who represented the defendant...

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