JOHN ARCHIE COLE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Florida appellate court affirmed denial of Cole's motion for transcripts, holding that transcripts are not necessary to file a Rule 3.850 post-conviction motion and must be requested only after such a motion is filed.
Transcripts are not necessary for preparation of a legally sufficient Rule 3.850 post-conviction motion; a defendant must first file the motion based on his recollection, then request relevant portions of the record.
[1] A defendant seeking trial transcripts must first file a Rule 3.850 post-conviction motion setting forth grounds for relief based on his recollection before the trial cour…
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Join FLexlaw to unlock all legal intelligence“Transcripts are not necessary for the preparation of a legally sufficient [Florida Rule of Criminal Procedure] 3.850 motion.... Appellant must first file a 3.850 motion setting forth his alleged grounds for relief in order to secure a copy of portions of his trial record.”
Court explaining the procedural requirement that post-conviction motions must be filed before transcripts are provided.
Cole entered a guilty plea and was sentenced in January 1996. He sought transcripts from the trial court but had not filed any Rule 3.850 post-convict…
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WELLS, Judge.
We affirm the trial court’s order denying John Cole’s motion for transcripts. Cole entered a guilty plea and was sentenced in January 1996. Contrary to Cole’s representation in his brief, no Rule 3.850 post-conviction motion, or any other paper, has been filed in this matter since he was sentenced. As we confirmed in Baldwin v. State, 743 So. 2d 78, 78 (Fla. 3d DCA 1999): “Transcripts are not necessary for the preparation of a legally sufficient [Florida Rule of Criminal Procedure] 3.850 motion.... Appellant must first file a 3.850 motion setting forth his alleged grounds for relief in order to secure a copy of portions of his trial record. In preparing his motion, appellant must rely on his best recollection of the court proceedings. Only then may he secure those portions of the record relevant to his motion.” McFadden v. State, 711 So. 2d 1350 (Fla. 1st DCA 1998) (citations omitted); accord Cassoday v. State, 237 So. 2d 146, 147 (Fla.1970); Dorch v. State, 483 So. 2d 851, 852 (Fla. 1st DCA 1986); Carr v. State, 495 So. 2d 282 (Fla. 2d DCA 1986).
While we affirm denial of Cole’s current transcript request, he may either attempt to obtain the documents he seeks from his former counsel or reapply to the trial court after a motion for post-conviction relief has been filed.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Cassoday v. State, 237 So. 2d 146 (Fla. 1970)
- Carr v. State, 495 So. 2d 282 (Fla. 2d DCA 1986)
- Norvel L. Dorch v. State, 483 So. 2d 851 (Fla. 1st DCA 1986)
- Baldwin v. State, 743 So. 2d 78 (Fla. 3d DCA 1999)
- McFADDEN v. State, 711 So. 2d 1350 (Fla. 1st DCA 1998)
- Naylor v. U.S. Tr. Co. OF Fla., 711 So. 2d 1350 (Fla. 2d DCA 1998)