Opinion
No. 1D20-3558
11-03-2021
Jessie FLOYD, Appellant, v. Herman D. LARAMORE, Public Defender et al., Appellees.
Jessie Floyd, pro se, Appellant. Ashley Moody, Attorney General, and Anne C. Conley, Assistant Attorney General, Tallahassee, for Appellees.
Jessie Floyd, pro se, Appellant.
Ashley Moody, Attorney General, and Anne C. Conley, Assistant Attorney General, Tallahassee, for Appellees.
Per Curiam. Jessie Floyd appeals the trial court's denial of his petition for writ of mandamus. Floyd was previously represented by an assistant public defender in a criminal proceeding. In his petition, he requested the Public Defender's Office provide him with "either the original or a copy of the deposition testimony" taken by his attorney before his criminal trial. The trial court summarily denied Floyd's petition, concluding that the petition was facially insufficient due to Floyd's apparent acknowledgement that the depositions were never transcribed. We reverse.
"One seeking a writ of mandamus must show that he has a clear legal right to the performance of a clear legal duty by a public officer, and that he has no other available legal remedies." Romine v. Allen , 262 So. 3d 855, 857 (Fla. 1st DCA 2018) (quoting Plymel v. Moore , 770 So. 2d 242, 246 (Fla. 1st DCA 2000) ). A public defender is a "public officer" who is required to provide "[t]ranscripts or record documents that were prepared at public expense on behalf of an indigent defendant" to the defendant for copying at no charge. Brown v. State , 93 So. 3d 1194, 1196 (Fla. 4th DCA 2012). When a petitioner submits a facially sufficient petition, the trial court must issue an alternative writ in mandamus directing the respondent to file a response to the petition. Anthony v. State , 277 So. 3d 223, 226 (Fla. 2d DCA 2019). If there is a dispute over whether the Public Defender's Office possesses the requested records, the trial court must conduct an evidentiary hearing to resolve the issue. Ferrier v. Pub. Def.’s Off., Second Jud. Cir. of Fla. , 171 So. 3d 744 (Fla. 1st DCA 2015).
Floyd's request for relief is ambiguous as to what he is specifically requesting regarding transcripts or possible recordings of the depositions. Although his petition seems to acknowledge that no transcripts exist, it includes an attached letter in which Floyd asks his attorney for the deposition transcripts or "the disc." Because he also seeks a disc that may contain recordings of the depositions, Floyd has submitted a facially sufficient petition. See Kimbrough v. State , 256 So. 3d 219, 220 (Fla. 5th DCA 2018) (holding that CDs and DVDs should be furnished to the defendant at no charge if they were prepared for him at public expense).
Accordingly, we reverse the trial court's order and remand the matter with instructions to the trial court to order the Public Defender's Office to file a response to the petition.
REVERSED and REMANDED .
Lewis, Nordby, and Long, JJ., concur.