Summary
The Fifth District Court of Appeal of Florida denied Enrique Vilomar’s petition for a writ of mandamus seeking transcripts of hearings from his criminal case. The court held that indigent prisoners are not entitled to free transcripts beyond those prepared for a direct appeal and cautioned Vilomar that further similar filings could result in disciplinary proceedings.
Holdings
- An indigent prisoner is not entitled to free transcripts beyond the record prepared for a direct appeal to assist in preparing a postconviction motion or petition for extraordinary relief; therefore, Vilomar was not entitled to mandamus relief compelling production of the requested transcripts.
Questions Presented
- Whether an indigent prisoner is entitled to mandamus relief compelling the State to provide free transcripts of hearings beyond the transcripts prepared for the direct appeal.
- Whether the court should caution Vilomar that additional unsuccessful pro se requests for free transcripts or other case documents could result in disciplinary proceedings.
Disposition
writ_denied
Cases Cited (5)
- Vilomar v. State, 375 So. 3d 281 (Fla. 5th DCA 2023)(followed as procedural history)
- Ridge v. Adams, 643 So. 2d 116, 117 (Fla. 5th DCA 1994)(followed)
- Pacheco v. State, 75 So. 3d 769, 769 (Fla. 3d DCA 2011)(followed)
- Sanders v. State, 62 So. 3d 1176, 1176 (Fla. 4th DCA 2011)(followed)
- State v. Spencer, 751 So. 2d 47 (Fla. 1999)(applied for caution)
Cited In (0)
No citing cases on record yet.
Court Document
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