WILLIAM WALLACE, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The court denied a petition for writ of mandamus seeking to compel the clerk to provide a transcript or refund payment, holding that the clerk has no ministerial duty to provide a transcript that was never prepared and filed, and that the petitioner failed to exhaust administrative remedies before seeking judicial intervention.
A clerk has no ministerial duty to provide a transcript that was never prepared and filed with the clerk, and a petitioner seeking a refund must first attempt to resolve the matter directly with the clerk before seeking judicial intervention.
[1] A clerk of court has no ministerial duty to provide a copy of a transcript that was never prepared and filed with the clerk.
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Join FLexlaw to unlock all legal intelligencePetitioner Wallace tendered payment to the circuit court clerk for a transcript, but the clerk's correspondence indicated the transcript was never pre…
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PER CURIAM.
We construe the petition for writ of mandamus herein as seeking an order compelling the clerk of the circuit court to either provide petitioner with a requested transcript or refund the payment petitioner tendered for that transcript. We deny the petition. The clerk’s correspondence provided by petitioner reflects that the transcript at issue was never prepared and filed with the clerk, and that being the case, the clerk is under no ministerial duty to provide petitioner a copy. To the extent petitioner seeks a refund of his payment, the correspondence reflects a willingness on the part of the clerk to furnish that refund, and if that has not yet been accomplished, petitioner fails to show that he has attempted to resolve the matter with the clerk before seeking judicial intervention.
Finally, if petitioner believes the clerk is mistaken in its representation that the file does not contain a copy of the transcript he seeks, or he has unsuccessfully exhausted efforts to obtain a refund from the clerk, complaints of this nature should first be presented to the trial court. See Leichty v. Clerk of Circuit Court, Lake County, 948 So. 2d 47 (Fla. 5th DCA 2007).
PETITION FOR WRIT OF MANDAMUS DENIED.
BARFIELD, WOLF, and PADOVANO, JJ., concur.
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Yegge v. State, 88 So. 3d 1058 (Fla. 2d DCA 2012)…h a youthful offender may receive the maximum sentence that could have originally been imposed had he not been sentenced under the youthful offender act pursuant to section 958.14, he still maintains his “youthful offender status”); Hudson v. State, 989 So. 2d 725, 726 (Fla. 1st DCA 2008) (“When a defendant has been designated a youthful offender, the court may not change that status by way of revocation of probation or community control.”); Gardner v. State, 656 So. 2d 933, 937 (Fla. 1st DCA 1995) (holding t…
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Eustache v. State, 248 So. 3d 1097 (Fla. 2018)…efits of youthful offender sentencing. See, e.g. , Christian , 84 So. 3d at 442 ; Blacker , 49 So. 3d at 788 ; Gadson v. State , 160 So. 3d 496, 496 (Fla. 2d DCA 2015) ; Jacques v. State , 95 So. 3d 419, 420-21 (Fla. 3d DCA 2012) ; Hudson v. State , 989 So. 2d 725, 726 (Fla. 1st DCA 2008). It was the Arnette majority's statement that a defendant always retains his or her "youthful offender status" after violating probation that led the panel in Christian to conclude that minimum mandatory terms did not apply…
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- Clark Leichty v. Clerk OF Cir. Court, 948 So. 2d 47 (Fla. 5th DCA 2007)