Glenn M. Wright v. State of Florida ( 2021 )


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  •          FIRST DISTRICT COURT OF APPEAL
    STATE OF FLORIDA
    _____________________________
    No. 1D20-2455
    _____________________________
    GLENN M. WRIGHT,
    Appellant,
    v.
    STATE OF FLORIDA,
    Appellee.
    _____________________________
    On appeal from the Circuit Court for Duval County.
    Adrian G. Soud, Judge.
    September 22, 2021
    PER CURIAM.
    In this appeal, the State agrees with the argument made by
    Appellant Glenn Wright that his petition seeking electronic
    records of his plea hearing should have been granted below. We
    likewise conclude that if the electronic records sought by Wright
    exist, then he is entitled to obtain a copy of them upon paying the
    appropriate cost to produce them. Accordingly, we reverse and
    remand.
    In 2019, Wright made a request to the Official Court Reporter
    for any stenographic notes or electronic recordings of a change in
    plea hearing in his criminal case. A few months later, Wright
    sought relief from the trial court, alleging that “despite repeated
    requests” the court reporter had not provided him with the records.
    The trial court denied Wright’s request citing the fact that he
    already possessed a copy of the official transcript.
    Florida’s Rules of Judicial Administration establish a broad
    policy of allowing public access to judicial branch records. Fla. R.
    Jud. Admin. 2.420(a). Records of the judicial branch include
    “electronic records, videotapes, or stenographic tapes of court
    proceedings.” Fla. R. Jud. Admin. 2.420(b)(1)(A). In this case,
    Wright duly requested electronic records of his November 19, 2015
    hearing so that he could check the accuracy of the transcript for
    alleged scrivener’s omissions. We reverse in Wright’s favor because
    he is entitled to such records to the extent that they exist. See
    Morency v. State, 
    223 So. 3d 439
     (Fla. 5th DCA 2017) (finding the
    defendant entitled to any electronic recordings of his trial).
    Accordingly, we reverse and remand for further proceedings
    consistent with this opinion.
    REVERSED and REMANDED
    LEWIS, OSTERHAUS, and KELSEY, JJ., concur.
    _____________________________
    Not final until disposition of any timely and
    authorized motion under Fla. R. App. P. 9.330 or
    9.331.
    _____________________________
    Glenn M. Wright, pro se, Appellant.
    Ashley Moody, Attorney General, and Daren L. Shippy, Assistant
    Attorney General, Tallahassee, for Appellee.
    2
    

Document Info

Docket Number: 20-2455

Filed Date: 9/22/2021

Precedential Status: Precedential

Modified Date: 9/22/2021