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JUNIOR MARSHALL ROBERTS, APPELLANT, v. STATE OF FLORIDA, APPELLEE.

PER CURIAM.

Appellant, convicted of second degree murder, brought a timely appeal. Thereafter, he obtained a court order authorizing the reporter to furnish a certified copy of the reporter's notes of the trial proceedings. In due course it developed that the reporter was not available and it was impossible to obtain a transcript of the trial. Upon motion filed by appellant, the court held a hearing for the purpose of attempting to reconstruct a record of the trial proceedings. As a consequence of that hearing, the court entered its order of June 18, 1973 finding in substance that a record could not be reconstructed and recommending that this court grant the appellant a new trial.

Upon authority of Yancey v. State, Fla. App. 1972, 267 So.2d 836, we reverse the judgment appealed and direct that appellant be granted a new trial.

OWEN, C.J., DOWNEY, J., and JOHNSON, CLARENCE T., Jr., Associate Judge, concur.

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ROBERTS v. STATE
(Dec 28, 1973)