PAUL CLAYTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that while a petitioner seeking executive clemency is entitled to free certified copies of their judgment and sentence, they are not entitled to free copies of plea agreements, sentencing guidelines scoresheets, or sentencing transcripts.
Paul Clayton petitioned for free copies of his judgment and sentence, plea agreement form, sentencing guidelines scoresheet, and sentencing transcript…
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COVINGTON, Judge.
Paul Clayton appeals the summary denial of his petition for request of documents. In his petition, Clayton alleged that he was in the process of seeking executive clemency, and he requested free copies of his judgment and sentence, plea agreement form, sentencing guidelines scoresheet, and sentencing transcripts. The petition was addressed to the clerk of the court, but the clerk improperly forwarded it to the trial judge for action. The trial judge denied the petition without any explanation.
Because an application for clemency requires accompanying certified copies of the information or indictment and judgment and sentence for each conviction, Clayton is entitled to certified copies of such documents free of charge. See Fla. Admin. Code R. 27 app. (2002); § 940.04, Fla. Stat. (2002); Marshall v. State, 759 So. 2d 717 (Fla. 2d DCA 2000); Lane v. Gardner, 778 So. 2d 1071 (Fla. 5th DCA 2001). However, Clayton is not entitled to copies of the plea agreement form, sentencing guidelines scoresheet form, and sentencing transcripts without charge. See § 940.04; Lane, 778 So. 2d at 1071 n. 1.
Pursuant to section 940.04, the clerk of the court shall furnish the copies to the applicant free of payment. Therefore, the clerk of the court should not have forwarded Clayton’s request to the trial judge because the trial judge does not have the authority to provide the documents. Accordingly, we affirm the order of the trial court denying Clayton’s petition without prejudice to Clayton to file a request for the proper documents with the clerk of the circuit court. If the clerk denies his request, Clayton may file a petition for writ of mandamus in the trial court to compel the clerk of the court to comply with his ministerial duty set forth in section 940.04.
Affirmed.
DAVIS and KELLY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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King v. State, 916 So. 2d 1001 (Fla. 2d DCA 2005)…pies of the information or indictment and judgment and sentence for each conviction. Mr. King is entitled to certified copies of the information and judgment and sentence in circuit court case numbers 90-04280-X and 90-04786-X. See Clayton v. State, 849 So. 2d 461 (Fla. 2d DCA 2003). However, Mr. King is not entitled to copies of the plea agreement form, sentencing guidelines scoresheet form, and sentencing transcripts without charge. See id. We reverse and remand. On remand, the trial court shall enter an…
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Laron Mingo v. State, 911 So. 2d 883 (Fla. 2d DCA 2005)…NORTHCUTT, Judge. Affirmed, but without prejudice to Lar-on Mingo filing a request for the documents listed in section 119.07, Florida Statutes (2004), with the clerk of the trial court. See Clayton v. State, 849 So. 2d 461 (Fla. 2d DCA 2003). VILLANTI and WALLACE, JJ., Concur.…
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Adlington v. State, 948 So. 2d 839 (Fla. 4th DCA 2007)…comply with its ministerial duties under Section 940.04, Fla. Stat. Williams v. Circuit Court, 18th Jud. Cir., 862 So. 2d 887 (Fla. 5th DCA 2003). A final order by the circuit court would then be appealable to this Court. See, e.g. Clayton v. State, 849 So. 2d 461 (Fla. 2d DCA 2003). Affirmed in Part, Dismissed in Part. GUNTHER, KLEIN and TAYLOR, JJ., concur.…
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
- Ezell v. State, 778 So. 2d 1071 (Fla. 5th DCA 2001)
- Lanier v. State, 759 So. 2d 717 (Fla. 2d DCA 2000)
- Marshall v. State, 759 So. 2d 717 (Fla. 2d DCA 2000)