N.B. v. STATE

No. 2D09-1293.

48 So.3d 1034 (2010)

N.B., JR., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

December 10, 2010.


Attorney(s) appearing for the Case

James Marion Moorman , Public Defender, and Maureen E. Surber , Assistant Public Defender, Bartow, for Appellant.

Bill McCollum , Attorney General, Tallahassee, and Susan D. Dunlevy , Assistant Attorney General, Tampa, for Appellee.


NORTHCUTT, Judge.

The trial court found that N.B., Jr., committed the offense of obstructing or opposing an officer without violence. Adjudication was withheld, and N.B. was placed on probation. The court reporter was unable to provide a transcript for use in N.B.'s appeal, and the parties were unable to reconstruct a record.

To obtain a new trial based on a missing transcript, a criminal defendant must show prejudice. See Jones v. State, 

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