State v. Reynolds
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[Cite as State v. Reynolds, 2004-Ohio-2954.] IN THE COURT OF APPEALS FOR MONTGOMERY COUNTY, OHIO STATE OF OHIO Plaintiff-Appellee : : C.A. Case No. 19964 vs. : T.C. Case No. 96-CR-1187 BILLY RAY REYNOLDS : : (Criminal Appeal from Common Pleas Court) Defendant-Appellant : ........... OPINION Rendered on the 4th day of June, 2004. ........... MATHIAS H. HECK, JR., Prosecuting Attorney, By: CARLEY J. INGRAM, Assistant Prosecuting Attorney, Atty. Reg. #0020084, Appellate Division, P.O. Box 972, 301 W. Third Street, 5th Floor, Dayton, Ohio 45422 Attorneys for Plaintiff-Appellee BILLY RAY REYNOLDS, #446-418, Chillicothe Correctional Institution, P.O. Box 5500, Chillicothe, Ohio 45601 Defendant-Appellant, Pro Se ............. BROGAN, J. {¶1} Billy Ray Reynolds appeals from the judgment of the Montgomery County Common Pleas Court denying his request for a copy of his trial transcript. {¶2} Reynolds was originally convicted of robbery in 1996 and sentenced to prison for a indefinite term of 4-15 years. His conviction was affirmed by us in State v. -2Billy Ray Reynolds (June 27, 1997), Mont. App. No. 16110. On September 18, 1997, we denied Reynolds motion to reopen his appeal on a claim by Reynolds that his appellate counsel was constitutionally ineffective. {¶3} On June 17, 2003 Reynolds moved for a copy of the trial transcript at State s expense. He filed a notice of appeal from the original judgment of conviction the following day. We later treated this notice of appeal as a premature appeal of the trial judge s refusal to provide him with a copy of the transcript which the trial court entered on July 1, 2003. {¶4} Only one copy of a transcript of a criminal trial need be provided to an indigent criminal defendant. State ex rel. Call v. Zimmers (1999), 85 Ohio St.3d 367, 1999-Ohio-386, 708 N.E.2d 711; State ex rel. Grove v. Nadel (1998), 81 Ohio St.3d 325, 326, 1998-Ohio-541, 691 N.E.2d 275, 276; State ex rel. Murr v. Thierry (1987), 34 Ohio St.3d 45, 45-46, 517 N.E.2d 226, 227. An indigent prisoner has a right to relevant portions of a transcript, but only in connection with a pending action. State ex rel. Call v. Zimmers, supra; State ex rel. Murr v. Thierry, supra. Since Reynolds had no actions pending, he had no right to a copy of the transcript. {¶5} R.C. 149.43(B)(4) allows an incarcerated defendant to have a free copy of trial records in certain circumstances. These circumstances do not apply to Reynolds since the trial court did not make a finding that a copy of the transcript was necessary for Reynolds to advance a colorable claim for relief. {¶6} The judgment of the trial court is affirmed. ........... FAIN, P.J. and YOUNG, J., concur. -3- Copies mailed to: Carley J. Ingram Billy Ray Reynolds Hon. Jeffrey Froelich
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