MICHAEL EDWARD GOGGINS, PETITIONER,
v.
PINELLAS COUNTY, FLORIDA, CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT, AND THE HONORABLE ANTHONY RONDOLINO, CIRCUIT JUDGE, RESPONDENTS
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Michael Goggins petitioned for a writ of mandamus to compel the trial court to provide free court transcripts for use in a potential habeas corpus petition challenging his appellate counsel's effectiveness. The Florida District Court of Appeal denied the petition, holding that prisoners are not entitled to free transcripts beyond those used in the direct appeal for postconviction motions or extraordinary relief petitions.
A prisoner is not entitled to free transcripts beyond the record utilized in the direct appeal to assist in the preparation of a postconviction motion or petition for extraordinary relief. If Goggins cannot afford to pay for transcripts, he must file any habeas corpus petition without them, and it is the appellate court's function, not the trial court's, to determine what additional material is required to rule upon such a petition.
[1] A prisoner is not entitled to free transcripts beyond the direct appeal record to prepare a postconviction motion or a petition for extraordinary relief.
[2] A court's function, not the trial court's, is to determine what additional materials are required to rule upon a petition for extraordinary relief.
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Join FLexlaw to unlock all legal intelligence“Beyond the record utilized in the direct appeal, a prisoner is not entitled to free transcripts to assist in the preparation of a postconviction motion or a petition for extraordinary relief.”
Establishes the primary legal rule that prisoners lack a right to free transcripts for postconviction proceedings beyond those from direct appeal.
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Join FLexlaw to unlock all legal intelligenceGoggins' murder conviction was affirmed on direct appeal in 1992 in which his appellate counsel filed an Anders brief. Goggins alleges his trial attor…
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PER CURIAM.
Michael Edward Goggins filed a petition for writ of mandamus requesting that this court compel the trial court to grant his “motion for necessary transcripts” for possible use in a petition for habeas corpus. We deny the petition for writ of mandamus.
This court affirmed Mr. Goggins’ murder conviction on direct appeal in 1992. Goggins v. State, 603 So. 2d 1280 (Fla. 2d DCA 1992). His counsel in that appeal filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Mr. Gog-gins generally alleges in his petition for writ of mandamus that his trial attorney moved to withdraw and that Mr. Goggins requested self-representation at two preliminary hearings. The trial court denied both requests, and his appellate counsel failed to raise these potential issues in the Anders brief. As a result, Mr. Goggins intends to file a petition for writ of habeas corpus alleging that his appellate counsel was ineffective.1 He contends that he needs to have the court reporter prepare transcripts of the two preliminary hearings in order to file that petition.2
Beyond the record utilized in the direct appeal, a prisoner is not entitled to free transcripts to assist in the preparation of a postconviction motion or a petition for extraordinary relief. See Brown v. Vocelle, 630 So. 2d 1257 (Fla. 4th DCA 1994); Ridge v. Adams, 643 So. 2d 116 (Fla. 5th DCA 1994). If Mr. Goggins cannot afford to pay a court reporter to transcribe these hearings, any petition for habeas corpus must be filed in this court without the benefit of those transcripts. In the event that such a petition is filed, it is this court’s function, rather than the trial court’s, to determine what, if any, additional material is required to rule upon the petition.
Petition for writ of mandamus denied.
PARKER, A.C.J., and ALTENBERND and LAZZARA, JJ., concur. . We note that our court records reveal Mr. Goggins was given an opportunity to file a brief in his direct appeal and did not raise these issues at that time.
. Apparently, the two transcripts were not transcribed for purposes of the direct appeal.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Golden v. State, 870 So. 2d 167 (Fla. 2d DCA 2004)…Beyond the record provided for a direct appeal, Golden is not entitled to free transcripts to assist in the preparation of either a postconviction motion or a petition for extraordinary relief. Goggins v. Pinellas Co., Cir. Ct. of Sixth Jud. Cir., 685 So. 2d 1334, 1335 (Fla. 2d DCA 1996). As the trial court pointed out in its dismissal order, the transcripts requested are a part [*168] of the record for his direct appeal. Golden is not entitled to anything more. A motion to credit jail time is normally a m…
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Shelton v. State, 729 So. 2d 993 (Fla. 3d DCA 1999)…PER CURIAM. Affirmed. Goggins v. Pinellas County, 685 So. 2d 1334 (Fla. 2d DCA 1996); Ridge v. Adams, 643 So. 2d 116 (Fla. 5th DCA 1994); Carr v. State, 495 So. 2d 282 (Fla. 2d DCA 1986).…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Warren v. Warren, 643 So. 2d 116 (Fla. 5th DCA 1994)
- Fontainebleau Hilton & United Self-Insured Servs. v. Baldomino, 630 So. 2d 1257 (Fla. 1st DCA 1994)
- Brown v. The Honorable L.B. Vocelle, 630 So. 2d 1257 (Fla. 4th DCA 1994)