Opinion

Smith v. State

2004 Fla. App. LEXIS 20045 · District Court of Appeal of Florida · Dec 29, 2004

Full text

Kevin L. SMITH v. The STATE of Florida

PER CURIAM. Petitioner seeks the issuance of a writ of mandamus to compel his now former court-appointed special public defender, Thomas Cobitz, Esquire, to provide him with transcripts and related documents for utilization by him in preparing motions for post-conviction relief. We have jurisdiction. Art. Y § 4(b)(3). The petitioner is entitled to receive from his former counsel, at no cost to petitioner, any and all trial and hearing transcripts, copies of motions, and any state discovery presented to defense counsel. See Potts v. State, 869 So.2d 1223 (Fla. 2d DCA 2004) (noting that indigent defendants are entitled, at no cost, to copies of any documents produced at public expense). His court-appointed counsel having recently filed a response representing that he has no such documents, the petition is denied.

District Court of Appeal of Florida · Dec 22, 2010

Parentheticals

denying a petition for a writ of mandamus where the defendant’s counsel “represent[ed] that he ha[d] no such documents.”
LUIS A. GOMEZ v. THE STATE OF FLORIDA
“The petitioner is entitled to receive from his former counsel, at no cost to petitioner, any and all trial and hearing transcripts, copies of motions, and any state discovery presented to defense counsel.”
Rojas v. Office of Public Defender
“The petitioner is entitled to receive from his former counsel, at no cost to petitioner, any and all trial and hearing transcripts, copies of motions, and any state discover presented to defense counsel”
Roland v. State
“The petitioner is entitled to receive from his former counsel, at no cost to petitioner, any and all trial and hearing transcripts, copies of motions, and any state discovery presented to defense counsel”
Morse v. State