Charles Blackburn v. State
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2004 CHARLES K. BLACKBURN, Appellant, v. CASE NO. 5D03-3874 STATE OF FLORIDA, Appellee. _________________________/ Opinion filed December 3, 2004 Appeal from the Circuit Court for Orange County, Stan Strickland, Judge James B. Gibson, Public Defender, and Leonard Ross, Assistant Public Defender, Daytona Beach, for Appellant. Charles J. Crist, Jr., Attorney General, Tallahassee, and Rebecca Roark Wall, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. ON MOTION FOR NEW TRIAL In this case the appellant entered a plea to criminal charges and reserved his right to appeal the denial of his motion to suppress. Because the parties agree that a transcript of the hearing on the motion to suppress is unobtainable and in all likelihood cannot be accurately reconstructed, through no fault of the Appellant, the appellant is entitled to withdraw his plea and proceed with a new suppression hearing. See Green v. State, 855 So. 2d 687 (Fla. 2d DCA 2003). REVERSED and REMANDED. SHARP, W., GRIFFIN and MONACO, J.J., concur.
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