HARRY FRANCIS HOWLAND, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Harry Howland appealed his first-degree murder conviction and life sentence, arguing the trial court erred by denying his motion for a free transcript of the preliminary hearing. The Florida appellate court affirmed the conviction, finding no reversible error and determining the record did not support Howland's claim that he was denied the transcript based solely on indigency.
The appellate court affirmed the conviction, finding no reversible error. The record did not reflect that the trial court ever denied the request for a transcript; rather, the trial court withheld ruling pending additional authority, and the record did not show that Howland complied with the court's request or took steps to secure a ruling. Therefore, Howland failed to preserve the issue for appeal.
[1] A defendant's right to a transcript of a preliminary hearing may not be denied solely based on indigence.
[2] An appellate court will not consider an issue on appeal if the trial court never ruled on the motion giving rise to the issue and the defendant failed to take steps to se…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“a transcript of such hearing may not be denied him merely because he is indigent”
Establishes the constitutional principle that indigency alone cannot bar access to trial transcripts
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Join FLexlaw to unlock all legal intelligenceHowland was convicted of first-degree murder and sentenced to life imprisonment. He was declared indigent for cost purposes and the trial court author…
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ORFINGER, Judge.
Appellant seeks reversal of his conviction for first degree murder and his sentence of life imprisonment. Finding no reversible error, we affirm.
Appellant contends that the trial court erred in failing to grant his motion for a free transcript of the preliminary hearing.1 He correctly asserts that a transcript of such hearing may not be denied him merely because he is indigent. Roberts v. La Vallee, 389 U.S. 40, 88 S.Ct. 194, 19 L.Ed.2d 41 (1967); Griffen v. Illinois, 351 U.S. 12, 76 S.Ct. 585, 100 L.Ed. 891 (1956). The record, however, does not reflect that the trial court ever denied his request for such transcript. Appellant’s motion requested a transcript of the grand jury proceedings, as well as the preliminary hearing. In the written order, the trial court specifically withheld ruling on both requests, requesting additional citation of authority from both appellant and the state. The record does not reflect that appellant complied with the court’s request or that he took the steps necessary to secure a ruling on the motion. Thus, no issue has been preserved for appeal. See Hernandez v. State, 323 So. 2d 318 (Fla. 3d DCA 1975).
Thus appellant’s contention that he was denied a free copy of the transcript of the preliminary hearing solely because he was indigent is not supported by the record. The record does show that appellant had been declared indigent for cost purposes, and the court authorized the expenditure of $1,000.00 for expert witnesses and investigative purposes. It would thus appear that a method of procuring the transcript was clearly available. See Britt v. North Carolina, 404 U.S. 226, 91 S.Ct. 431, 30 L.Ed.2d 400 (1971).
Appellant’s remaining points are without merit. The judgment of conviction and sentence are therefore
AFFIRMED.
SHARP and COWART, JJ., concur. . Florida Rule of Criminal Procedure 3.131(b)(4) provides that:
At the request of either party, the entire preliminary hearing, including all testimony, shall be recorded verbatim stenographically or by mechanical means, and at the request of either party shall be transcribed. If the record of the proceedings, or any part thereof, is transcribed at the request of the prosecuting attorney, a copy of this transcript shall be furnished free of cost to defendant or his counsel.
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Authorities Cited
- Griffin v. Illinois, 351 U.S. 12 (U.S. 1956)
- Roberts v. Lavallee, 389 U.S. 40 (U.S. 1967)
- Britt v. North Carolina, 404 U.S. 226 (U.S. 1971)
- Perkins v. Matthews, 400 U.S. 379 (U.S. 1971)
- Hernandez v. State, 323 So. 2d 318 (Fla. 3d DCA 1975)