LAMENT TARENC GRAY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Lamont Gray appealed the trial court's denial of his Motion for Transcripts, arguing the transcripts were essential for his collateral appeal. The court affirmed the denial, holding that a prisoner must first file a motion for post-conviction relief before requesting transcripts relevant to that motion.
The court affirmed the trial court's denial of the motion for transcripts, holding that filing a motion for post-conviction relief is a prerequisite to the trial court's consideration of any motion for transcription, and because Gray had not filed such a motion, the trial court properly denied his request.
[1] A motion for transcripts is a prerequisite to the filing of a motion for post-conviction relief.
[2] A trial court's denial of a motion for transcripts is proper when no motion for post-conviction relief has been filed.
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Join FLexlaw to unlock all legal intelligence“The filing of a motion for post-conviction relief is a prerequisite to the trial court's consideration of any motion for transcription.”
Establishes the legal requirement that must be satisfied before requesting transcripts for post-conviction proceedings.
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Join FLexlaw to unlock all legal intelligenceGray filed a Motion for Transcripts requesting copies of trial and sentencing hearing transcripts, claiming they were essential to effectively litigat…
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PER CURIAM.
Lamont Tarenc Gray appeals the trial court’s Order denying his Motion for Transcripts. This court originally treated the appeal as an appeal from a Florida Rule of Criminal Procedure 3.850 motion. However, it appears from the record before us that Gray has not yet filed a Rule '3.850 motion, therefore we re-designate the appeal as an appeal from an order entered after final judgment and grant review pursuant to Florida Rule of Appellate Procedure 9.140(b)(1)(D). The trial court denied Gray’s Motion on the basis that it was legally insufficient. We affirm without prejudice for Gray to file a Rule 3.850 motion.
Gray’s Motion for Transcripts requests that the trial court enter an order directing the court reporter to furnish him a copy of the transcripts of his trial and sentencing hearing. He alleges that the transcripts are “essential to effectively litigate defendant’s collateral appeal.” However, the motion does not include a copy of the motion for post-conviction relief nor does it state that he has filed any motion for post-conviction relief. The filing of a motion for post-conviction relief is a prerequisite to the trial court’s consideration of any motion for transcription. See Carr v. State, 495 So. 2d 282 (Fla. 2d DCA 1986) (holding that a prisoner seeking post-conviction relief must first prepare and file his motion before he may secure those portions of the record relevant to that motion).
Since the trial court did not have before it a post-conviction motion attacking the judgment or sentence to which transcripts may be relevant, the trial court’s denial of Gray’s Motion for Transcripts was proper. AFFIRMED.
POLEN, GROSS and HAZOURI, JJ., concur.