Colon v. Irwin, 98-2351.
| Decision Date | 30 April 1999 |
| Docket Number | No. 98-2351.,98-2351. |
| Citation | 732 So.2d 428 |
| Parties | Angel M. COLON, Appellant, v. Michael L. IRWIN, Appellee. |
| Court | Florida District Court of Appeals |
Angel M. Colon, Avon Park, pro se.
No appearance for Appellee.
Angel M. Colon ["Colon"] appeals the order of the Orange County Circuit Court dismissing his petition for writ of mandamus. We reverse.
Colon is a juvenile serving a term of his natural life in prison. He filed, prose, a petition for mandamus in the lower court to compel Michael L. Irwin ["Irwin"] special court appointed defense counsel, to relinquish a set of all pre-trial depositions and other documents or records produced at the public expense in his criminal case for first-degree premeditated murder. Colon contends that the documents requested are necessary for post-conviction relief and should be provided at no cost. Colon further asserts that Irwin, as special appointed defense counsel, is an "official" for purposes of seeking relief by mandamus.
The trial court dismissed Colon's petition, finding that there is no authority in "the law and practice of the State of Florida" for issuing a writ of mandamus against special appointed defense counsel that would "improperly place a financial burden on him that is not part of a defense counsel's duties."
The controlling law on this point, which was cited to the lower court by appellant, appears well settled that a specially appointed public defender must turn over to his client depositions taken at public expense. Long v. Dillinger, 701 So.2d 1168, 1169 (Fla.1997); Harris v. Webb, 711 So.2d 641 (Fla. 1st DCA 1998); McCaskill v. Dees, 698 So.2d 628 (Fla. 5th DCA 1997); Pearce v. Sheffey, 647 So.2d 333 (Fla. 2d DCA 1994); Eichelberger v. Brueckheimer, 613 So.2d 1372, 1373 (Fla. 2d DCA 1993); Thompson v. Unterberger, 577 So.2d 684, 685-86 (Fla. 2d DCA 1991); Dubose v. Shelnutt, 566 So.2d 921 (Fla. 5th DCA 1990).
Here, Colon seeks to have depositions prepared for trial that are not contained in the record of his criminal appeal. He is entitled to have them. If counsel wishes to retain a copy for his own records, he must make one at his own expense.
REVERSED and REMANDED.
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Graham v. State
...State, 651 So.2d 167 (Fla. 1st DCA 1995)(upholding a juvenile's life sentence for a second degree murder conviction); Colon v. Irwin, 732 So.2d 428 (Fla. 5th DCA 1999)(addressing a juvenile's petition for writ of mandamus to release documents who had been sentenced to life for first degree ......
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Phillips v. State, 2D99-3734.
...of life without possibility of parole, however, there has been no similar lapse. For example, in the recent case of Colon v. Irwin, 732 So.2d 428, 428 (Fla. 5th DCA 1999), we learn that "Colon is a juvenile serving a term of his natural life in prison." In sum, Joshua Phillips' sentence for......
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Blackshear v. State
...State, 651 So.2d 167 (Fla. 1st DCA 1995)(upholding a juvenile's life sentence for a second degree murder conviction); Colon v. Irwin, 732 So.2d 428 (Fla. 5th DCA 1999)(addressing a juvenile's petition for writ of mandamus to release documents who had been sentenced to life for first degree ......
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Potts v. State, 2D03-2536.
...to the defendant without charge for copying. Thompson v. Unterberger, 577 So.2d 684, 685-86 (Fla. 2d DCA 1991); Colon v. Irwin, 732 So.2d 428, 429 (Fla. 5th DCA 1999). Similarly, a defendant is entitled to the return of personal property that he or she provided to counsel. See Thompson, 577......