JONES vs.STATE

Supreme Court of Florida

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No. SC04-1217

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CEDRICK JONES,

Petitioner,

vs.

STATE OF FLORIDA,

Respondent.

[March 2, 2006]

WELLS, J.

We have for review Jones v. State, 870 So. 2d 904 (Fla. 4th DCA 2004), which expressly and directly conflicts with the decision of the Third District Court of Appeal in Vargas v. State, 902 So. 2d 166 (Fla. 3d DCA 2004).[1] We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.

Cedrick Jones was convicted of two counts of battery on a law enforcement officer and one count of resisting arrest without violence. On appeal to the Fourth District Court of Appeal, Jones's appellate counsel filed a motion to relinquish jurisdiction to reconstruct the record because the transcript of the jury selection was not available.[2] The Fourth District granted this motion. During a February 21, 2003, evidentiary hearing in the trial court,[3] Jones's trial counsel, Emmanuel Simon, testified that he could not accurately recall the jury selection proceedings but that he typically makes objections during the voir dire. Jones testified that he recalled his counsel making objections during the voir dire and â€