SMITH V. STATE

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM A.D., 2004 ** KEVIN L. SMITH, ** Petitioner, vs. ** CASE NO. 3D04-1870 ** THE STATE OF FLORIDA, ** Respondent. LOWER TRIBUNAL NO. 96-30706 ** Opinion filed December 29, 2004. A case of Original Jurisdiction Writ of Mandamus. Kevin L. Smith, in proper person. Thomas Cobitz, Special Public Defender, for respondent. Before GREEN, RAMIREZ, and SHEPHERD, JJ. PER CURIAM. Petitioner seeks the issuance of a writ of mandamus to compel his now former court-appointed special public defender, Thomas Cobitz, Esquire, to provide him with transcripts and related documents for utilization by him in preparing motions for post-conviction relief. The petitioner We have jurisdiction. is entitled to receive Art. V §4 (b)(3). from his former counsel, at no cost to petitioner, any and all trial and hearing transcripts, copies of motions, presented to defense counsel. and any state discovery See Potts v. State, 869 So. 2d 1223 (Fla. 2d DCA 2004) (noting that indigent defendants are entitled, at no cost, to copies of any documents produced at public expense). His court-appointed counsel having recently filed a response representing that he has no such documents, the petition is denied. 2

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