Pacheco v. State

Full title: Jose Antonio Pacheco, Appellant, v. The State of Florida, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Nov 9, 2011

No. 3D11-2178 (Fla. Dist. Ct. App. Nov. 9, 2011)

Opinion

No. 3D11-2178.

Opinion filed November 9, 2011.

An Appeal under Florida Rule of Appellate Procedure 9.315(a) from the Circuit Court for Miami-Dade County, Stacy D. Glick, Judge, Lower Tribunal No. 98-30699.

Jose Antonio Pacheco, in proper person.

Pamela Jo Bondi, Attorney General, for appellee.

Before CORTIÑAS and ROTHENBERG, JJ., and SCHWARTZ, Senior Judge.

ROTHENBERG, J.Page 2

Jose Antonio Pacheco ("Pacheco") appeals the trial court's order denying his motion for a copy of Sentencing Transcripts At State's Expense. We affirm. See Sanders v. State, 62 So. 3d 1176, 1176 (Fla. 4th DCA 2011) ("Beyond the record provided for a direct appeal, [a prisoner] is not entitled to free transcripts to assist in the preparation of either a postconviction motion or a petition for extraordinary relief.") (quotingGolden v. State, 870 So. 2d 167, 167 (Fla. 2d DCA 2004));accord Vanover v. State, 946 So. 2d 1152, 1152 (Fla. 4th DCA 2006); Ridge v. Adams, 643 So. 2d 116, 117 (Fla. 5th DCA 1994) (holding that although prisoners are entitled to free copies and services for plenary appeal, there is no provision in law to obtain them thereafter).

Affirmed

Not final until disposition of timely filed motion for rehearing.