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743 So. 2d 78

Docket No. 99-1943.

Baldwin v. State

Leonard B. BALDWIN, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided September 1, 1999.

District Court of Appeal of Florida · decided 1999-09-01

Cited by 4 later decisions — most recently July 2010

4 state decisions

Key passage — most relied on by later courts

“"Transcripts are not necessary for the preparation of a legally sufficient [Florida Rule of Criminal Procedure] 3.850 motion. . . . Appellant must first file a 3.850 motion setting forth his alleged grounds for relief in order to secure a copy of portions of his trial record. In preparing his motion, appellant must rely on his best recollection of the court proceedings. Only then may he secure those portions of the record relevant to his motion." McFadden v. State, 711 So.2d 1350 (Fla. 1st DCA 1998) (citations omitted); accord Cassoday v. State, 237 So.2d 146, 147 (Fla.1970); Dorch v. State, 483 So.2d 851, 852 (Fla. 1st DCA 1986); Carr v. State, 495 So.2d 282 (Fla. 2d DCA 1986).”

quoted by 1 later decision, including Cole v. State

Relies on 237 So. 2d 146 - Cassoday v. State · 495 So. 2d 282 - Carr v. State · 483 So. 2d 851 - Dorch v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1999-09-01

View the full empirical analysis of this case →

¶1Leonard B. Baldwin, in proper person.

¶2Robert A. Butterworth, Attorney General, for appellee.

¶3Before SCHWARTZ, C.J., and COPE and LEVY, JJ.

¶4PER CURIAM.

¶5Defendant-appellant filed a motion seeking access to the transcripts of his sentencing hearing alleging that he was in the process of filing a motion to correct his sentence. The trial court denied the motion without prejudice and defendant appealed. We affirm.

¶6"Transcripts are not necessary for the preparation of a legally sufficient [Florida Rule of Criminal Procedure] 3.850 motion.... Appellant must first file a 3.850 motion setting forth his alleged grounds for relief in order to secure a copy of portions of his trial record. In preparing his motion, appellant must rely on his best recollection of the court proceedings. Only then may he secure those portions of the record relevant to his motion." McFadden v. State,711 So.2d 1350 (Fla. 1st DCA 1998) (citations omitted); accord Cassoday v. State,237 So.2d 146, 147 (Fla. 1970); Dorch v. State,483 So.2d 851, 852 (Fla. 1st DCA 1986); Carr v. State,495 So.2d 282 (Fla. 2d DCA 1986). Here, it appears that defendant wishes to file a motion under Florida Rule of Criminal Procedure 3.800. The same logic applies.

¶7Defendant may, of course, inquire whether his former counsel has the documents he seeks or can assist defendant in obtaining those documents.

¶8Affirmed.

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