JOHN DAVENPORT GAY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court reversed the trial court's denial of a mandamus motion for criminal defense records because the trial court failed to follow the proper alternative writ procedure and denied the appellant notice and opportunity to be heard.
When a motion to compel release of criminal defense records states a preliminary basis for mandamus relief, the trial court must issue an alternative writ directing the public defender to show cause, and the appellant must be given notice and opportunity to participate in any hearing.
[1] When a motion to compel release of criminal defense records states a preliminary basis for mandamus relief, the trial court must issue an alternative writ directing the r…
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Join FLexlaw to unlock all legal intelligenceJohn Davenport Gay sought to compel release of his criminal defense records allegedly held by the Office of the Public Defender. The public defender o…
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PER CURIAM.
John Davenport Gay appeals an order denying his motion to compel release of his criminal defense records. We conclude that appellant’s “Amended Motion to Compel” the release of his records allegedly held by the Office of the Public Defender stated a preliminary basis for mandamus relief. See Fla. R. Civ. P. 1.630(d). Accordingly, the trial court should have issued an alternative writ, that is, an order directed to the public defender to show cause why the requested re lief should not be granted. Id.; see Holcomb v. Department of Corrections, 609 So. 2d 751, 753 (Fla. 1st DCA 1992).
Below the public defender objected to the appellant’s motion, but, rather than filing a response, see Florida Rule of Civil Procedure 1.630(e), the public defender requested a hearing. Thereafter, the trial court held a hearing to resolve the disputes between the parties, see Holcomb, 609 So. 2d at 753, but appellant neither was notified of nor given an opportunity to participate in the hearing. Accordingly, we are required to reverse and remand with directions to the trial court and the parties to comply with rule 1.630. See Holcomb, 609 So. 2d at 753; see also Smith v. State, 696 So. 2d 814 (Fla. 2d DCA 1997)(ex-plaining the procedure for disclosure of criminal records under Chapter 119, Florida Statutes). Our opinion here in no way addresses the merits of appellant’s motion.
JOANOS, WOLF and VAN NORTWTCK, JJ., concur.
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Hawkins v. Gardner, 978 So. 2d 858 (Fla. 1st DCA 2008)…al property he is entitled to a copy of transcripts and other documents, insofar as those documents were prepared at public expense. Potts v. State, 869 So. 2d 1223 (Fla. 2d DCA 2004); Harris v. Webb, 711 So. 2d 641 (Fla 1st DCA 1998); Gay v. State, 697 So. 2d 179 (Fla. 1st DCA 1997). The mandamus petition presented a facially sufficient claim for such relief; the appealed order is therefore reversed, and the case is remanded. ALLEN, WEBSTER, and PADOVANO, JJ., concur.…
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Roberto v. State, 853 So. 2d 582 (Fla. 5th DCA 2003)…is the pardon itself which circumscribes Roberto’s rights. AFFIRMED. SAWAYA, C.J. and TORPY, J„ concur. . By agreement of the parties, Roberto’s motion to compel was treated by the trial court as a petition for writ of mandamus. See Gay v. State, 697 So. 2d 179 (Fla. 1st DCA 1997) (holding an amended motion to compel the release of records stated a preliminary basis for mandamus relief). . Article IV, section 8 of the Florida Constitution provides: (a) Except in cases of treason and in cases where impeach…
Authorities Cited
- Holcomb v. Dep't OF Corr., 609 So. 2d 751 (Fla. 1st DCA 1992)
- Kurtis J. Smith v. State, 696 So. 2d 814 (Fla. 2d DCA 1997)