Edward Milner v. State of Florida

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT EDWARD MILNER, Petitioner, v. STATE OF FLORIDA, Respondent. No. 4D16-2013 [July 27, 2016] Petition for writ of mandamus to the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Michael A. Usan, Judge; L.T. Case Nos. 11-15438 CF10A, 12-17047 CF10A and 14-10430 CF10A. Edward Milner Crawfordville, pro se. No appearance required for respondent. PER CURIAM. The defendant petitions for a writ of mandamus in response to the circuit court’s court order denying his motion to obtain free transcripts from three of his cases. The defendant alleged that he needed the transcripts to prepare a post-conviction motion. We deny the defendant’s petition. Indigent prisoners may obtain free copies of transcripts to prepare a direct appeal, but they are not entitled to free copies of transcripts to prepare a post-conviction motion. Sanders v. State, 62 So. 3d 1176 (Fla. 4th DCA 2011); Vanover v. State, 946 So. 2d 1152 (Fla. 4th DCA 2006). Further, indigent prisoners are not entitled to free copies of records under the Public Records Act, Section 119.01, et. seq., Florida Statutes (2015). Roesch v. State, 633 So. 2d 1 (Fla. 1993); Armstrong v. State, 29 So. 3d 471 (Fla. 4th DCA 2010). Petition denied. MAY, DAMOORGIAN and GERBER, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing. 2

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