EFRAIN RAMOS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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A public defender is a state agent subject to mandamus for the production of trial transcripts.
Petitioner sought a writ of mandamus to compel his former public defender to produce trial transcripts. The trial court denied the petition summarily.…
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PER CURIAM.
This is an appeal from the summary denial of a petition seeking a writ of mandamus against the respondent, Joaquin Perez, wherein the petitioner/appellant Efrain Ramos requested the production of his trial transcripts in the possession of Perez. Perez was Ramos’s trial counsel. A copy of the petition was served on Perez, but the record does not contain any response from Perez, nor has Perez filed a brief in connection with this appeal. The trial court denied the petition as insufficient to support the relief requested. We reverse.
Perez was a specially appointed public defender on behalf of Ramos and as such is an agent of the state sufficient to invoke the remedy of mandamus. Colon v. Irwin, 732 So. 2d 428, 429 (Fla. 5th DCA 1999). See also Thompson v. Unterberger, 577 So. 2d 684, 685-86 (Fla. 2d DCA 1991) (“Transcripts provided at public expense to facilitate an indigent defendant’s appeal do not become the property of counsel once the appeal has been completed.”).
We, therefore, reverse with directions to issue a writ of mandamus ordering Joaquin Perez to turn over any trial transcripts in his possession in connection with State of Florida v. Efrain Ramos, Case No. 94-35088-A.
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Dumas v. Marrero, 864 So. 2d 531 (Fla. 5th DCA 2004)…2d 428 (Fla. 5th DCA 1999), private counsel who is appointed to act as a special public defender is an agent of the state and is required to turn over to his client depositions and other documents produced at public expense. See also Ramos v. State, 757 So. 2d 616 (Fla. 3d DCA 2000). Thus, it appears that Mr. Dumas may be entitled to some relief. We are unfortunately unable to tell whether Mr. Dumas should be granted relief. First, he is entitled to have disclosed by his special public defender only such do…
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Sanford v. Black, 782 So. 2d 548 (Fla. 5th DCA 2001)…ger, 701 So. 2d 1168, 1169 (Fla.1997) (observing that “transcripts and other record documents that have been prepared or obtained at public cost for [the defendant] as an indigent defendant should be surrendered ... without charge”); Ramos v. State, 757 So. 2d 616 (Fla. 3d DCA 2000) (reversing with direction that specially appointed public defender be ordered to give defendant any trial transcripts in his possession); Colon v. Irwin, 732 So. 2d 428, 429 (Fla. 5th DCA 1999) (noting that it is “well settled tha…
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LaFLOWER v. State, 929 So. 2d 58 (Fla. 5th DCA 2006)…is entitled to the originals, or copies thereof, of depositions and transcripts, or any other materials in his former attorney’s possession that were prepared at public expense. See Potts v. State, 869 So. 2d 1223 (Fla. 2d DCA 2004); Ramos v. State, 757 So. 2d 616 (Fla. 3d DCA 2000); Colon v. Irwin, 732 So. 2d 428 (Fla. 5th DCA 1999). However, he is not entitled to items related to the performance of professional services, and if provided, should compensate the attorney for charges incurred in copying them. S…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Thompson v. Simpson Unterberger, 577 So. 2d 684 (Fla. 2d DCA 1991)
- Colon v. Irwin, 732 So. 2d 428 (Fla. 5th DCA 1999)