IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
WILLIAM NETTING, NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
Appellant, DISPOSITION THEREOF IF FILED
v. CASE NO. 1D13-5683
STATE OF FLORIDA,
Appellee.
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Opinion filed July 7, 2014.
An appeal from the Circuit Court for Duval County.
Angela Cox, Judge.
William Netting, pro se, Appellant.
Pamela Jo Bondi, Attorney General, Donna A. Gerace, Assistant Attorney General,
Tallahassee, for Appellee.
PER CURIAM.
Appellant appeals the trial court’s order denying his petition for writ of
mandamus, pursuant to which he sought an order instructing the Clerk of the Court
for the Fourth Judicial Circuit to provide, at public expense, a copy of the
transcripts of his postconviction evidentiary hearing. The State concedes
Appellant is entitled to the relief he sought, and we agree.
For appeals from indigent defendants, Florida Rule of Appellate Procedure
9.141(b)(3)(A) requires the clerk of court for the lower tribunal to notify the
designated court reporter to prepare a transcript of any evidentiary hearing held in
regard to a postconviction motion filed pursuant to Florida Rule of Criminal
Procedure 3.850. The clerk of court is then responsible for transmitting the record,
including the transcript, to the appropriate appellate court. See Fla. R. App. P.
9.141(b)(3)(B)(i). The clerk of court must also serve a copy of the record,
including the transcript, on counsel appointed to represent the indigent defendant.
See Fla. R. App. P. 9.141(b)(3)(B)(iii).
Here, due to mistake or oversight by the clerk’s office (and appellate
counsel), none of this was done with respect to the transcripts at issue. Thus, this
court affirmed, without the benefit of these transcripts, the trial court’s order
denying Appellant’s motion for postconviction relief filed pursuant to Florida Rule
of Criminal Procedure 3.850. See Netting v. State, 122 So. 3d 871 (Fla. 1st DCA
2012). It is clear, however, that Appellant was then, and is now, entitled to a copy
of the transcripts from the three-day evidentiary hearing on his postconviction
motion. See Lewis v. State, 39 Fla. L. Weekly D662, D663 (Fla. 1st DCA
March 27, 2014) (holding that, “in general, an indigent defendant is entitled to his
or her own copy of the record in proceedings in which he or she is proceeding
pro se, such as in Anders appeals, and, at the conclusion of representation, is
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entitled to the record in the possession of trial counsel that was prepared at public
expense.”) (footnote and citation omitted).
Based on the foregoing, we reverse the trial court’s order denying
Appellant’s petition for writ of mandamus for the court to issue an order
instructing the clerk of court to provide Appellant with the requested transcripts of
the three-day evidentiary hearing.
REVERSED and REMANDED with instructions.
THOMAS, ROWE, and MAKAR, JJ., CONCUR.
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