Cervantes

Wilfredo Arias Cervantes intends to appeal a judgment following his conviction of drug crimes. (Health & Saf. Code, §§ 11350, subd. (a), 11364.) He faces an insurmountable obstacle. The court reporter is unable to prepare a trial transcript. Current defense counsel did not try the case. The trial judge has no recollection of the trial proceedings. Yet, he approves a settled statement. This is unsettling. We vacate the order approving the settled statement and remand for further proceedings.

FACTS

Deputy Sheriff Michael Rowland saw Cervantes riding a bicycle at night without a lit headlight. He stopped Cervantes, who appeared to be intoxicated. After handcuffing him, Rowland retrieved items he believed Cervantes had thrown away nearby—tar heroin wrapped in plastic, hypodermic syringes, a spoon wrapped in a paper towel, and a rolled-up newspaper.

At trial in March, 2005, Rowland was the only prosecution witness. After the jury’s guilty verdicts, Cervantes appealed and requested preparation of a reporter’s transcript. The court reporter prepared transcripts of pretrial pro ceedings, jury instructions, and counsel’s closing argument. But she filed an affidavit stating that…