Opinion
Case No. 5D02-1451.
Opinion filed August 30, 2002.
Petition for Writ of Mandamus. A Case of Original Jurisdiction.
Elvis Hartley, Sanderson, pro se.
No Appearance by Respondent.
In this case, Hartley seeks mandamus relief to compel a public defender, Brent Alan Woolbright, to produce three volumes of Hartley's trial transcripts. Although ordered to respond by this court on June 3, 2002, Woolbright has not done so.
Hartley's petition is vague in some regards, but it appears he has alleged a prima facie case for relief. See Woodson v. Durocher, 588 So.2d 644 (Fla. 5th DCA 1991), rev. denied, 598 So.2d 79 (Fla. 1992); Smith v. State, 696 So.2d 814 (Fla. 2d DCA 1997); Eichelberger v. Brueckheimer, 613 So.2d 1372 (Fla. 2d DCA 1993); Turner v. Singletary, 623 So.2d 537 (Fla. 1st DCA 1993).
Accordingly, we grant the writ and order Woolbright to furnish Hartley with any of Hartley's requested trial documents in Woolbright's possession, within ten days of this order. See Bermed v. Tacher, 565 So.2d 833 (Fla. 3d DCA 1990). Further, Woolbright shall file a pleading with this court within ten days of this order to show cause why he should not be sanctioned for failure to respond to the previous order of this court. Woolbright shall include in that response a description of any documents belonging to Hartley now in his possession, or, if not in his possession, an explanation of where the requested documents are now located.
Petition for Writ of Mandamus GRANTED.
COBB and HARRIS, JJ., concur.