Roundtree v. State

District Court of Appeal of Florida

Roundtree v. State

788 So. 2d 347, 2001 Fla. App. LEXIS 7735, 2001 WL 609260

CourtDistrict Court of Appeal of Florida

DecidedJune 6, 2001

DocketNo. 3D01-1286

StatusPublished

This text of 788 So. 2d 347 (Roundtree v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Roundtree v. State, 788 So. 2d 347, 2001 Fla. App. LEXIS 7735, 2001 WL 609260 (Fla. Ct. App. 2001).

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Opinion

PER CURIAM.

Roundtree’s petition for writ of habeas corpus must be denied as he has stated no grounds for a belated appeal. Roundtree’s proper course of action would be to seek a writ of mandamus against his former attorney, compelling the attorney to provide the trial and appellate transcripts in his possession. Since the defendant is indigent, these transcripts were provided at public expense and are not the property of his attorney. Consequently, they must be provided to the defendant without copying charges. See Thompson v. Unterberger, 577 So.2d 684 (Fla. 2d DCA 1991). A belated appeal can only be granted after Roundtree can assert sufficient grounds for collateral attack upon his conviction.

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PER CURIAM.

Roundtree’s petition for writ of habeas corpus must be denied as he has stated no grounds for a belated appeal. Roundtree’s proper course of action would be to seek a writ of mandamus against his former attorney, compelling the attorney to provide the trial and appellate transcripts in his possession. Since the defendant is indigent, these transcripts were provided at public expense and are not the property of his attorney. Consequently, they must be provided to the defendant without copying charges. See Thompson v. Unterberger, 577 So.2d 684 (Fla. 2d DCA 1991). A belated appeal can only be granted after Roundtree can assert sufficient grounds for collateral attack upon his conviction.

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Bluebook (online)

788 So. 2d 347, 2001 Fla. App. LEXIS 7735, 2001 WL 609260, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roundtree-v-state-fladistctapp-2001.

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