WALTER L. PEARCE, APPELLANT,
v.
E. SUMMERS SHEFFEY, APPELLEE
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The court held that mandamus is an appropriate remedy to compel a court-appointed attorney to provide a trial record to an indigent defendant.
Walter Pearce, represented by court-appointed counsel, petitioned for a writ of mandamus to obtain a copy of his trial record, which his attorney refu…
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FULMER, Judge.
Walter Pearce appeals the denial of his petition for writ of mandamus to compel his attorney to furnish him with a copy of the trial record. Because mandamus would be an appropriate remedy if the attorney was court-appointed, we reverse and remand for further proceedings in the trial court.
Pearce’s petition stated that the court appointed an attorney to represent him on the direct appeal of his criminal conviction and sentence, which were affirmed by this court in 1991. The petition further claimed that his attorney refused to give him a copy of the record unless he paid a cost of $200.00. The trial court denied the petition for writ of mandamus, stating that “the relief sought is not justified by the evidence asserted and that Petitioner may obtain the relief sought by an affirmative injunction or even replev-in.”
This court has previously held that an indigent defendant is entitled to possession of a transcript which was provided at public expense to his court-appointed counsel, without being required to pay for photocopying the transcript. See Thompson v. Unterberger, 577 So. 2d 684 (Fla. 2d DCA 1991). Mandamus is the appropriate remedy since it is used to compel an official to perform lawful duties. A court-appointed lawyer is an “official.” See Eichelberger v. Brueckheimer, 613 So. 2d 1372 (Fla. 2d DCA 1993); Thompson v. Unterberger, supra.
The nine-page record on this appeal contains nothing to refute the defendant’s assertion in his petition and brief that his counsel was court-appointed. If that assertion is true, the defendant may be entitled to the relief sought. Accordingly, we reverse and remand for further consideration by the trial court
DANAHY, A.C.J., and BLUE, J., concur.
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Potts v. State, 869 So. 2d 1223 (Fla. 2d DCA 2004)…rsonal property that he or she provided to counsel. See Thompson, 577 So. 2d at 686. “Mandamus is the appropriate remedy since it is used to compel an official to perform lawful duties. A court-appointed lawyer is an ‘official.’ ” Pearce v. Sheffey, 647 So. 2d 333, 333 (Fla. 2d DCA 1994). Thus, Potts is entitled to relief regarding his personal property and transcripts prepared on his behalf at public expense. Apart from such items, Hileman cannot be required to provide other documents that are in the case fi…
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Windisch v. State, 709 So. 2d 606 (Fla. 2d DCA 1998)…es concurrently. See Bell v. State, 679 So. 2d 1275 (Fla. 2d DCA 1996); Golz v. State, 674 So. 2d 856 (Fla. 2d DCA 1996); Rolle v. State, 668 So. 2d 1080 (Fla. 2d DCA 1996); Brown v. State, 630 So. 2d 596 (Fla. 2d DCA 1993). See also Brown v. State, 647 So. 2d 333 (Fla. 3d DCA [*607] 1994); Suggs v. State, 681 So. 2d 870 (Fla. 5th DCA 1996). Applying Hale to Windisch, we conclude that the trial court erred by imposing new sentences. Windisch contends that he was entitled to be represented by counsel at the r…
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Colon v. Irwin, 732 So. 2d 428 (Fla. 5th DCA 1999)…nder must turn over to his client depositions taken at public expense. Long v. Dillinger, 701 So. 2d 1168, 1169 (Fla.1997); Harris v. Webb, 711 So. 2d 641 (Fla. 1st DCA 1998); McCaskill v. Dees, 698 So. 2d 628 (Fla. 5th DCA 1997); Pearce v. Sheffey, 647 So. 2d 333 (Fla. 2d DCA 1994); Eichelberger v. Brueckheimer, 613 So. 2d 1372, 1373 (Fla. 2d DCA 1993); Thompson v. Unterberger, 577 So. 2d 684, 685-86 (Fla. 2d DCA 1991); Dubose v. Shelnutt, 566 So. 2d 921 (Fla. 5th DCA 1990). Here, Colon seeks to have deposi…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Thompson v. Simpson Unterberger, 577 So. 2d 684 (Fla. 2d DCA 1991)
- Eichelberger v. Brueckheimer, 613 So. 2d 1372 (Fla. 2d DCA 1993)