412 So. 2d 383

Harry Francis HOWLAND, Appellant, v. STATE of Florida, Appellee.

No. 81-876.

District Court of Appeal of Florida, Fifth District.

March 10, 1982.

Rehearing Denied April 15, 1982.

H. Vernon Davids, Winter Garden, and Tanya M. Plaut, Orlando, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Mark C. Menser, Asst. Atty. Gen., Daytona Beach, for appellee.

ORFINGER, Judge.

Appellant seeks reversal of his conviction for first degree murder and his sentence of life imprisonment. Finding no reversible error, we affirm.

Appellant contends that the trial court erred in failing to grant his motion for a free transcript of the preliminary hearing.1 He correctly asserts that a transcript of such hearing may not be denied him merely because he is indigent. Roberts v. La Vallee, 389 U.S. 40, 88 S.Ct. 194, 19 L.Ed.2d 41 (1967); Griffen v. Illinois, 351 U.S. 12, 76 S.Ct. 585, 100 L.Ed. 891 (1956). The record, however, does not reflect that the trial court ever denied his request for such transcript. Appellant’s motion requested a transcript of the grand jury proceedings, as well as the preliminary hearing. In the written order, the trial court specifically withheld ruling on both requests, requesting additional citation of authority from both appellant and the state. The record does not reflect that appellant complied with the court’s request or that he took the steps necessary to secure a ruling on the motion. Thus, no issue has been preserved for appeal. See Hernandez v. State, 323 So.2d 318 (Fla. 3d DCA 1975).

Thus appellant’s contention that he was denied a free copy of the transcript of the preliminary hearing solely because he was indigent is not supported by the record. The record does show that appellant had been declared indigent for cost purposes, and the court authorized the expenditure of $1,000.00 for expert witnesses and investigative purposes. It would thus appear that a method of procuring the transcript was clearly available. See Britt v. North Carolina, 404 U.S. 226, 91 S.Ct. 431, 30 L.Ed.2d 400 (1971).

Appellant’s remaining points are without merit. The judgment of conviction and sentence are therefore

AFFIRMED.

SHARP and COWART, JJ., concur.

Howland v. State
412 So. 2d 383

Case Details

Name
Howland v. State
Decision Date
Mar 10, 1982
Citations

412 So. 2d 383

Jurisdiction
Florida

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