ENRIQUE VILOMAR
v.
STATE OF FLORIDA
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An indigent prisoner is not entitled to free transcripts of hearings beyond those provided for direct appeal, even when sought by mandamus petition.
[1] An indigent prisoner has no statutory right to free transcripts of court proceedings beyond those provided for purposes of direct appeal, and mandamus is not an appropria…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“While indigent convicts can get the free copies [of the transcripts and documents] and services for plenary appeal there is no provision in law to obtain them thereafter.”
Court citing Ridge v. Adams, 643 So. 2d 116, 117 (Fla. 5th DCA 1994)
Enrique Vilomar, an indigent inmate in the Florida Department of Corrections, was convicted in Volusia County circuit court in 2021. His convictions a…
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FIFTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
Case No. 5D2025-2992 LT Case No. 2021-304846-CFDB _____________________________
ENRIQUE VILOMAR,
Petitioner,
v.
STATE OF FLORIDA,
Respondent. _____________________________
Original Proceeding for Petition for Writ of Mandamus.
Enrique Vilomar, Monticello, pro se.
No Appearance for Respondent.
January2, 2026
PER CURIAM.
Enrique Vilomar, an indigent inmate housed in the Florida Department of Corrections, was tried and convicted in the circuit court in Volusia County, case number 2021-304846-CFDB, of various crimes. Vilomar appealed, and his convictions and sentences were affirmed without opinion. Vilomar v. State, 375 So. 3d 281 (Fla. 5th DCA 2023). Mandate issued on December 29, 2023.
Vilomar now petitions this court for mandamus relief to compel the State to provide him with transcripts of all hearings
Vilomar’s mandamus request comes more than twenty-two months after his judgment and sentence became final. As this court explained long ago, “[w]hile indigent convicts can get the free copies [of the transcripts and documents] and services for plenary appeal there is no provision in law to obtain them thereafter.” Ridge v. Adams, 643 So. 2d 116, 117 (Fla. 5th DCA 1994); see also Pacheco v. State, 75 So. 3d 769, 769 (Fla. 3d DCA 2011) (“Beyond the record provided for a direct appeal, [a prisoner] is not entitled to free transcripts to assist in the preparation of either a postconviction motion or a petition for extraordinary relief.” (quoting Sanders v. State, 62 So. 3d 1176, 1176 (Fla. 4th DCA 2011))).
Accordingly, Vilomar’s application for writ of mandamus is denied on the merits. Additionally, as this is now the second time that Vilomar has unsuccessfully sought mandamus relief for these records, we caution that any additional pro se efforts on his part seeking free transcripts or other documents pertaining to circuit court case number 2021-304846-CFDB may lead to disciplinary proceedings under State v. Spencer, 751 So. 2d 47 (Fla. 1999).
WRIT DENIED; PETITIONER CAUTIONED.
JAY, C.J., and LAMBERT and HARRIS, JJ., concur.
_____________________________
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Spencer, 751 So. 2d 47 (Fla. 1999)
- Warren v. Warren, 643 So. 2d 116 (Fla. 5th DCA 1994)
- Sanders v. State, 62 So. 3d 1176 (Fla. 4th DCA 2011)
- Pacheco v. State, 75 So. 3d 769 (Fla. 3d DCA 2011)