Wester v. State

KEHOE, Judge.

Appellant, defendant below, brings this appeal from his judgment of conviction and sentence following a jury trial. We reverse.

Appellant was adjudicated and sentenced on, February 2, 1978. Notice of appeal was filed on March 3, 1978. Subsequently, on May 15, 1978, this court relinquished jurisdiction to the trial court for reconstruction of the record of the trial in this case. Such reconstruction was necessary because of the unavailability of the stenographic notes of the trial. Thereafter, on August 24, 1978, appellant filed a motion for a new trial asserting that the…