CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2001 WL 201955
...No Appearance for Respondent. HARRIS, J. Petitioner sought mandamus to require the Clerk of Orange County to provide him copies of the information filed against him as well as the judgment and sentence entered against him so that he could apply for clemency. Section 940.04, Florida Statutes, provides a basis for his request....
...against petitioner as well as the judgment and sentence entered *1072 against him within twenty days from the date hereof. MANDAMUS GRANTED. COBB and SHARP, W., JJ., concur. NOTES [1] Petitioner also requested a certified copy of his plea agreement. Section 940.04, Florida Statutes, does not require the production of this document nor do we....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2003 WL 21654793
...Because an application for clemency requires accompanying certified copies of the information or indictment and judgment and sentence for each conviction, Clayton is entitled to certified copies of such documents free of charge. See Fla. Admin. Code R. 27 app. (2002); § 940.04, Fla....
...State,
759 So.2d 717 (Fla. 2d DCA 2000); Lane v. Gardner,
778 So.2d 1071 (Fla. 5th DCA 2001). However, Clayton is not entitled to copies of the plea agreement form, sentencing guidelines scoresheet form, and sentencing transcripts without charge. See §
940.04; Lane,
778 So.2d at 1071 n. 1. Pursuant to section
940.04, the clerk of the court shall furnish the copies to the applicant free of payment....
...uest for the proper documents with the clerk of the circuit court. If the clerk denies his request, Clayton may file a petition for writ of mandamus in the trial court to compel the clerk of the court to comply with his ministerial duty set forth in section 940.04....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal
...motion because, as an indigent, he is entitled to free copies of the materials and
transcripts.1 He also asserts, for the first time on appeal, that he unsuccessfully
1Mr. Patterson states in his initial brief that he wants the documents
pursuant to section
940.04, Florida Statutes (2018). This argument is not cognizable on
appeal because Mr. Patterson never mentioned section
940.04 in the postconviction
court. See Steinhorst v. State,
412 So. 2d 332, 338 (Fla. 1982) ("[F]or an argument to
be cognizable on appeal, it must be the specific contention asserted as legal ground for
the objection, exception, or motion below."). Moreover, section
940.04 is not applicable
because Mr. Patterson is not an applicant for executive clemency and is not seeking
certified copies of his information, indictment, judgment, or sentence. See §
940.04
(providing that any applicant for executive clemency is entitled to certified copies of the
-2-
requested the materials from the public defender's office....
CopyPublished | Florida 2nd District Court of Appeal | 2016 Fla. App. LEXIS 15284
...a postconviction motion. Any applicant for executive clemency is entitled to certified
copies of the information or indictment filed against him as well as his judgment and
sentence, and the documents are to be furnished free of charge by the clerk of court.
§ 940.04, Fla....
...l court. Id.
Accordingly, we affirm the order denying Falana's request for documents
and his motion for entry of a rendered judgment without prejudice to Falana's right to file
his request for documents with the clerk of court under section 940.04....
CopyPublished | Florida 4th District Court of Appeal | 2007 Fla. App. LEXIS 693, 2007 WL 162676
...We dismiss his challenge to that order, as it has no connection to the post-conviction proceedings being appealed herein, but without prejudice to his right to seek mandamus relief in the circuit court against the clerk of the circuit court if appropriate, for failure to comply with its ministerial duties under Section 940.04, Fla....
CopyPublished | Florida 5th District Court of Appeal | 2003 WL 22970958
...sentence, affidavits, clerk's minutes, and the state attorney's nolle prosequi. He claims that he needs these copies in conjunction with his application for executive clemency. He complains that he is entitled to free copies of these documents under section 940.04, Florida Statutes (2002), but the clerk of the circuit court will not furnish them. Section 940.04, Florida Statutes, does entitle an applicant for executive clemency to free certified copies of certain of the documents he presently seeks: "In the event any applicant for executive clemency is required to supply a certified copy of t...
