LEE CHARLES DANIELS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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An indigent defendant declared insolvent for appeal purposes is entitled to a free transcript of trial proceedings, and the trial court cannot refuse this request based on a belief the appeal lacks merit.
The defendant, declared insolvent for appeal purposes, sought to have trial proceedings transcribed at county expense. The trial court denied this req…
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ORFINGER, Chief Judge.
Defendant below seeks review of an order of the trial court denying his request that the trial proceedings be transcribed at county expense. Fla.R.App.P. 9.430.
By order of the trial court entered October 13, 1982, defendant was declared insolvent for purposes of appeal. Having been adjudged indigent, if he wants to appeal his conviction, he is entitled to do so without payment of any costs or fees. § 57.081, Fla.Stat. (1981); Chappell v. Florida Dept. of Health and Rehabilitative Services, 419 So. 2d 1051 (Fla.1982). This includes the right to a transcript of the proceedings without cost to defendant. State v. Byrd, 378 So. 2d 1231 (Fla.1979). To require defendant to file the affidavit required by Rule 9.430 after his motion for declaration of insolvency has been granted is to require the doing of a useless act. Neither can the trial court refuse to authorize the preparation of the record because of a belief that the appeal lacks merit. Where the preparation of the transcript of proceedings requires the expenditure of public funds, the trial court has the authority to limit the record to those portions which fairly support the issues raised in the statement of judicial acts to be reviewed. Fla.R.App.P. 9.140(d).
The order denying appellant’s motion to proceed without payment of costs is reversed and the cause is remanded for further proceedings. The trial court is authorized to determine if the defendant has requested that the appeal be filed, and if he has so requested, the court shall authorize the preparation of the record as required by this opinion. If the trial court determines that the defendant does not wish to appeal and that the appeal has been filed without his knowledge and consent, the appeal will be dismissed upon receipt by this court of a certified copy of the trial court’s order so finding.
REVERSED and REMANDED.
COBB and SHARP, JJ., concur.
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Staton v. McMILLAN, 597 So. 2d 940 (Fla. 1st DCA 1992)…o different judges, who indicated that because the criminal case is pending on appeal, the criminal investigative information is not subject to disclosure under chapter 119. The other petition was denied by a third judge, who cited Daniels v. State, 441 So. 2d 186 (Fla. 5th DCA 1983), and indicated that the indigent appellant is not entitled to obtain the materials at public expense because they were not alleged to be pertinent to any issue in the pending appeal. Unlike Daniels, which addressed the waiver of…
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Hughes v. State, 565 So. 2d 354 (Fla. 1st DCA 1990)…rrect. Certification should be granted when an appellant properly demonstrates hé meets the statutory criteria as indigent, regardless of the trial court’s perception of appellant’s right to proceed or the merits of the appeal. See Daniels v. State, 441 So. 2d 186 (Fla. 5th DCA 1983). A different outcome results, however, when an appellant in this posture moves for appointment of appellate counsel. If the trial court finds that the right to appeal has been waived and the movant fails to demonstrate the exist…
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LEE Cnty. v. Eaton, 642 So. 2d 1126 (Fla. 2d DCA 1994)…a Rule of Appellate Procedure 9.430. Further, there is no constitutional right to a free transcript in such an appeal. Smith v. Department of Health & Rehabilitative Servs., 573 So. 2d 320 (Fla.1991). The trial court’s reliance on Daniels v. State, 441 So. 2d 186 (Fla. 5th DCA 1983), is misplaced. That ease involves the cost of transcripts for an indigent defendant’s criminal appeal. Such costs incurred by the public defender’s office are governed by statutes and rules that are not applicable to a typical ci…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Arsoreda Byrd, 378 So. 2d 1231 (Fla. 1979)
- Chappell v. Fla. Dep't of Health & Rehabilitative Servs., 419 So. 2d 1051 (Fla. 1982)