JESSE HENRY COWAN, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The appellate court affirmed the denial of an indigent defendant's petition for a trial transcript. The court reasoned that the defendant was not entitled to a free transcript because he had not filed an appeal or a motion for relief under Criminal Procedure Rule 1, which would have limited the scope of the transcript to the matters raised in the motion.
No, an indigent defendant is not entitled to a free transcript of his trial proceedings if he has not filed an appeal or a motion for relief under Criminal Procedure Rule 1.
“This is not an instance of where an indigent defendant, having filed a motion for relief under Criminal Procedure Rule 1, F.S.A. ch. 924 Appendix, requests that he be supplied with the transcript of the trial proceedings.”
This quote distinguishes the current case from prior cases where indigent defendants were entitled to transcripts.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe appellant was convicted of grand larceny and did not appeal within the allowed time. While serving his sentence, he filed a petition in the trial …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Fourteenth Amendment (Equal Protection Clause) cases and more on FLexlaw
The appellant was tried and convicted of grand larceny on July 28, 1965. No appeal was filed by him within the time allowed by law. On September 8, 1966, while serving sentence he filed a petition in the trial court to be supplied with a transcript of the trial proceedings. He now appeals the order denying that petition, contending that as an indigent defendant he is entitled to be provided with the record of the trial proceedings, and that denial thereof is a violation of the equal protection clause of the Fourteenth Amendment to the Constitution of the United States.
The appeal is without merit, and we affirm. This is not an instance of where an indigent defendant, having filed a motion for relief under Criminal Procedure Rule 1, F.S.A. ch. 924 Appendix, requests that he be supplied with the transcript of the trial proceedings. Had he filed a Rule 1 motion for relief he would have been entitled to have the state furnish a transcript of only those of the trial proceedings to which his motion was directed or concerned. See Harris v. State, Fla.App.1964, 161 So.2d 885; Hall v. State, Fla.App.1964, 165 So.2d 428.
A fortiori, not having appealed, and in the absence of a motion for relief under Criminal Rule 1, the appellant was not in a position to demand and receive from the state a transcript of the trial proceedings, and the denial of the request in that circumstance was not error.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Cassoday v. State, 237 So. 2d 146 (Fla. 1970)…An accused who does not appeal from his judgment of conviction and who does not move to vacate, set aside or correct his sentence, is not entitled to be supplied with a transcript of trial proceeding even though he may be indigent. Cowan v. State, 202 So. 2d 831 (Fla.App.3d 1967). If an appeal is pending, Rule 6.8, F.A.R., 32 F.S.A., provides for the trial court upon motion, to order the court reporter to transcribe the notes as requested. If the appealing defendant is adjudged insolvent, the county pays t…
Authorities Cited
- Hall v. State, 165 So. 2d 428 (Fla. 1st DCA 1964)
- Harris v. State, 161 So. 2d 885 (Fla. 1st DCA 1964)