State v. Vargas

Summary

The Supreme Court of Florida quashed the Third District Court of Appeal's decision in Vargas v. State and remanded for reconsideration in light of Jones v. State. The court's decision addressed the standard applicable when portions of a criminal trial transcript are missing and cannot be reconstructed. Justice Pariente concurred in part and dissented in part regarding the burden imposed on the defendant to show potential prejudicial error.

Holdings

1. The Third District's decision in Vargas v. State, 902 So. 2d 166 (Fla. 3d DCA 2004), was quashed, and the matter was remanded to the Third District for reconsideration upon application of Jones v. State, 923 So. 2d 486 (Fla. 2006).
2. The Supreme Court of Florida had jurisdiction to review the case because the Third District certified conflict with a decision of another district court of appeal.

Questions Presented

1. Whether the Third District's decision concerning a missing and unreconstructable trial transcript should be quashed and reconsidered in light of Jones v. State, 923 So. 2d 486 (Fla. 2006).
2. Whether the Supreme Court had jurisdiction to review the Third District's certified-conflict decision.

Disposition

quashed