JERRY B. KING, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the postconviction court should have treated the motion as a petition for writ of mandamus and that the appellant is entitled to certain certified documents free of charge.
Jerry B. King appealed the denial of his motion seeking free certified copies of documents needed for a clemency application. The trial court denied t…
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LaROSE, Judge.
Jerry B. King appeals the postconviction court’s denial of his motion to compel the clerk of the court to provide, free of charge, certified copies of documents he needs to file an application for clemency. The trial court should have treated Mr. King’s motion as a petition for writ of mandamus. We treat this proceeding as an appeal from the denial of such a petition. See Marshall v. State, 759 So. 2d 717 (Fla. 2d DCA 2000).
In denying Mr. King’s motion, the post-conviction court did attach to its order copies of the written sentence in circuit court case number 90-04280-X and the written judgment and sentence in circuit court case number 90-04786-X. An appli cation for clemency requires certified copies 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 order directing the clerk of court to supply to Mr. King, without charge and without further delay, certified copies of the information and judgment and sentence in circuit court case numbers 90-04280-X and 90-04786-X. See Marshall, 759 So. 2d at 718.
Reversed and remanded.
SALCINES, and CANADY, JJ., Concur.
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Citator
Cited By
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Farmer v. State, 927 So. 2d 1075 (Fla. 2d DCA 2006)…ord v. Brock, 914 So. 2d 1066 (Fla. 2d DCA 2005); Smith v. State, 696 So. 2d 814 (Fla. 2d DCA 1997). Thus, the post-conviction court should have treated the motion as a petition for writ of mandamus directed to the State Attorney. See King v. State, 916 So. 2d 1001 (Fla. 2d DCA 2005). Accordingly, we reverse the order denying the motion to compel. On remand, the postconviction court shall treat the motion as a petition for writ of mandamus and shall issue an alternative writ requiring the State Attorney’s Offi…
Authorities Cited
- Clayton v. State, 849 So. 2d 461 (Fla. 2d DCA 2003)
- Asela Ortega v. Carnival Cruise Lines, Inc., 849 So. 2d 461 (Fla. 3d DCA 2003)
- Lanier v. State, 759 So. 2d 717 (Fla. 2d DCA 2000)
- Marshall v. State, 759 So. 2d 717 (Fla. 2d DCA 2000)