Rushing v. State

HENDRY, Judge.

The appellant filed his motion to vacate pursuant to Rule 1.850, FRCrP, 33 F.S.A., which motion was summarily denied. It was the appellant’s position that he was entitled to a new trial because the certified court reporter who transcribed testimony of his trial has lost her notes pertaining to that trial, and has therefore been unable to prepare a trial transcript. It is the appellant’s further contention that he has been denied his right to appeal be*138cause of his inability to prepare a trial transcript.

Initially, we find authority in the case of Powe v. State, Fla. 1968, 216…