GREGORY ANTHONY PRICE, PETITIONER,
v.
THE HONORABLE MARVIN U. MOUNTS, JR., RESPONDENT
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An indigent defendant is not required to accept the services of a public defender as a prerequisite to obtaining reasonable discovery costs.
The defendant, who was found to be indigent, sought to have the county absorb the costs of discovery. The trial court refused, finding that a defendan…
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HERSEY, Judge.
This petition for writ of certiorari arises from a pretrial order declining to adjudicate defendant/petitioner indigent in order to have the county absorb the reasonable costs of discovery. Initially we note that the record reflects that there was no adjudication of indigency. Petitioner’s friends are paying his attorney’s fees. The trial court refused to award petitioner the costs of discovery because it found as a matter of law that a defendant must accept the services of a public defender as a condition precedent to being awarded discovery costs.
Defendant filed an alternative petition for writ of mandamus or common law certiorari asking this court to review the trial court ruling. We decline to consider the petition for a writ of mandamus; we treat the petition for a writ of certiorari as that is the appropriate method of review under the circumstances.
Our consideration of the merits of this petition is influenced by the recent ruling of the Third District holding that an insolvent defendant is not required to accept the services of a public defender as a prerequisite to obtaining reasonable discovery costs. Johnson v. Snyder, 417 So. 2d 783 (Fla. 3d DCA 1982). The Florida Rules of Criminal Procedure, sections 3.111(b)(4) and 3.220(k) make the state’s payment of the costs of discovery contingent only on defendant’s indigency; that is, the inability to pay these costs without substantial hardship to himself.
We agree with the rationale of the Third District and hold in accord with Johnson that the trial judge departed.from the essential requirements of law. For these reasons, we grant the writ of certiorari, quash the order and remand the cause for a hearing and determination as to petitioner’s in-digency.
GLICKSTEIN and WALDEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Behr v. Gardner, 442 So. 2d 980 (Fla. 1st DCA 1983)…presented by this fact situation might be for privately retained counsel to secure discovery costs from the county. See Johnson v. Snyder, 417 So. 2d 783 (Fla. 3d DCA 1982); Saintil v. Snyder, 417 So. 2d 784 (Fla. 3d DCA 1982); and Price v. Mounts, 421 So. 2d 690 (Fla. 4th DCA 1982). Nonetheless, since the action of the trial court falls within the applicable statutes and rules, we cannot say that the court departed from essential requirements of law. Petition for writ of certiorari DENIED. MILLS and BOOTH…
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GUY v. State, 473 So. 2d 234 (Fla. 2d DCA 1985)…s or family members retain private counsel to represent a defendant does not deprive him of his right to be declared indigent in order that costs may be taxed against the county under Florida Rule of Criminal Procedure 3.220(K). See Price v. Mounts, 421 So. 2d 690 (Fla. 4th DCA 1982), and Johnson v. Snyder, 417 So. 2d 783 (Fla. 3d DCA 1982). The trial court should rule on petitioner’s motion to be declared partially indigent based upon his own financial ability to pay. Petition for writ of certiorari GRANTE…
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Thompson v. State, 525 So. 2d 1011 (Fla. 3d DCA 1988)…the public defender in order to obtain such reasonable costs of discovery. Moreover, the fact that his family had retained private counsel to represent him cannot change this result. Guy v. State, 473 So. 2d 234 (Fla. 2d DCA 1985); Price v. Mounts, 421 So. 2d 690 (Fla. 4th DCA 1982); Johnson v. Snyder, 417 So. 2d 783 (Fla. 3d DCA 1982); Saintil v. Snyder, 417 So. 2d 784 (Fla. 3d DCA 1982). Second, “section 27.51, Florida Statutes [1985], although it permits the appointment of the public defender to represe…
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- Johnson v. The Honorable Arthur I. Snyder, 417 So. 2d 783 (Fla. 3d DCA 1982)