William Sims v. State of Florida

Summary

The Third District Court of Appeal of Florida affirmed an order denying William Sims’s motion to compel the Office of the Public Defender to provide the record and transcripts from his 1995 felony case. The court held that the Public Defender’s response that it did not possess the requested documents supported denial of the motion, without prejudice to Sims seeking them from other agencies that may possess them.

Holdings

1. A trial court may deny a motion to compel the Office of the Public Defender to provide appellate-record documents when the office's response refutes the allegation that it possesses documents the defendant is entitled to receive.
2. The affirmance is without prejudice to Sims seeking the requested documents from other agencies that may possess them, including the clerk's office or the State Attorney's Office.

Questions Presented

1. Whether the trial court properly denied Sims's motion to compel the Office of the Public Defender to provide appellate-record documents when the office stated that it did not possess them.
2. Whether the denial should be without prejudice to Sims seeking the documents from other agencies that may possess them.

Disposition

affirmed