J.M.F. v The State Of Oklahoma

MA 2018-0296

Filed: Apr. 5, 2018

Not for publication

Prevailing Party: J.M.F.

Summary

# J.M.F. appealed his conviction for Lewd Acts with a Child. Conviction and sentence: Adjudicated a delinquent child on December 7, 2017. # n dissented. In this case, J.M.F., a minor aged between 12 and 13 at the time of the events, was found guilty of committing lewd acts against a child. After his trial, he did not appeal on time but was later given permission to appeal by the Oklahoma Court of Criminal Appeals. J.M.F. asked the court to make the Oklahoma County District Court provide him with important court papers and transcripts for free, as he could not afford them. The judge initially said that while J.M.F. was considered poor, his mother was not considered poor enough to cover the transcript costs. However, J.M.F.'s lawyer argued that J.M.F. should have the transcripts at no cost since he was personally indigent and had a right to them for his appeal. The higher court agreed, stating that since J.M.F. had been appointed a lawyer and was shown to be financially needy, he deserved the transcripts without any fees. As a result, the court ordered the lower court to provide these transcripts at public expense, allowing J.M.F. to proceed with his appeal. The case moved forward with instructions that the necessary paperwork should be completed by a specific deadline.

Decision

Accordingly, Petitioner's application for a writ of mandamus is GRANTED and the matter is REMANDED to the District Court. The District Court is directed to issue an order granting all properly designated transcripts at public expense. The appeal record is due to be filed in this appeal on or before April 18, 2018. Oral Argument has been scheduled before this Court en banc on June 21, 2018. Juvenile proceedings are sui generis and time is of the essence. The parties are instructed to strictly adhere to the Scheduling Order issued by this Court on March 27, 2018. The Clerk of this Court is directed to transmit a copy of this Order to the Honorable Cassandra Williams, Special Judge, the Court Reporter, and the District Court Clerk, as well as the parties. IT IS SO ORDERED.

Issues

• Was there a clear legal right for the Petitioner to obtain transcripts at public expense?
• Did the District Court erroneously conclude that the Petitioner's mother was responsible for the cost of the transcripts?
• Was the Petitioner entitled to receive transcripts despite the fact that his parents retained counsel for the trial?
• Was the Petitioner able to demonstrate that he was personally indigent for the purposes of receiving transcripts?
• Did the refusal of the District Court to provide transcripts at public expense constitute a failure to perform a plain legal duty?

Findings

• The court erred by denying the request for transcripts at public expense.
• The evidence was sufficient to establish that the petitioner is personally indigent.
• The petitioner's application for a writ of mandamus was granted.
• The matter was remanded to the District Court for issuance of an order for preparation of transcripts at public expense.

MA 2018-0296

Apr. 5, 2018

J.M.F.

Appellant

v

The State Of Oklahoma

Appellee

OPINION

ORDER GRANTING EXTRAORDINARY RELIEF AND REMANDING MATTER TO DISTRICT COURT

On March 26, 2018, Petitioner, by and through appointed counsel Cindy Brown Danner, filed a petition for a writ of mandamus in Oklahoma County District Court Case No. JDL-2017-1. Petitioner was adjudicated a delinquent child on December 7, 2017, following a trial by jury for Lewd Acts with a Child. Petitioner’s birthdate is not included within the record before this Court; however, the record reflects that Petitioner was between the ages of 12 and 13 years of age at the time of the alleged acts. Petitioner did not timely appeal the adjudication, but was granted an appeal out of time by this Court on March 9, 2018, Case No. PC 2018-0201. On March 16, 2018, the Honorable Cassandra M. Williams, Special Judge, found Petitioner indigent for purposes of any filing fees and appointment of attorney only, but found Petitioner still responsible for the cost of the transcripts. Petitioner seeks a writ of mandamus directing the District Court of Oklahoma County to issue an order directing preparation of the designated appellate record, including transcripts at public expense. Appellate counsel states that it is without question that the juvenile adjudicated delinquent in this case is personally indigent. Citing Spain v. Jennings, 1993 OK CR 36, 882 P.2d 79, appellate counsel argues that Petitioner, who is indigent, is entitled to transcripts at public expense even though his parents retained counsel at trial. Counsel states that the record, including the pauper’s affidavit of the child’s mother and the affidavit of retained trial counsel, further establish that the transcripts necessary to appeal cannot be paid by other sources, especially in advance of the accelerated time frames required by this Court in juvenile appeals.

In an Order issued March 28, 2018, Judge Williams, or her designated representative, was directed to file a response to Petitioner’s application for extraordinary relief. The response was filed in this Court on April 2, 2018. Judge Williams again concluded that J.M.F.’s mother is not indigent for purposes of the trial transcripts. For a writ of mandamus, Petitioner has the burden of establishing that (1) he has a clear legal right to the relief sought; (2) the respondent’s refusal to perform a plain legal duty not involving the exercise of discretion; and (3) the adequacy of mandamus and the inadequacy of other relief. Rule 10.6(B), Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch.18, App. (2018). We find Petitioner has met this burden. Petitioner, as a 13 or 14 year old minor child, has been found to be personally indigent. The Oklahoma Indigent Defense System (OIDS) has been appointed to represent Petitioner on appeal. As Petitioner is personally indigent and OIDS has been appointed to represent him, he is entitled to receive transcripts at public expense. See Spain v. Jennings, 1993 OK CR 36, 882 P.2d 79. If the court finds that the child’s parents are able to pay all or part of the costs of the transcripts, as it has in this case, then the trial court may order the person or persons responsible to pay the same and prescribe the method of payment to reimburse the court fund. 10A O.S. § 2-2-703. See also 10A O.S. § 2-2-301 (C), 19 O.S. § 138.10. Accordingly, Petitioner’s application for a writ of mandamus is GRANTED and the matter is REMANDED to the District Court. The District Court is directed to issue an order granting all properly designated transcripts at public expense. The appeal record is due to be filed in this appeal on or before April 18, 2018. Oral Argument has been scheduled before this Court en banc on June 21, 2018. Juvenile proceedings are sui generis and time is of the essence. The parties are instructed to strictly adhere to the Scheduling Order issued by this Court on March 27, 2018. The Clerk of this Court is directed to transmit a copy of this Order to the Honorable Cassandra Williams, Special Judge, the Court Reporter, and the District Court Clerk, as well as the parties.

IT IS SO ORDERED. WITNESS OUR HANDS AND THE SEAL OF THIS COURT this 5th day of April, 2018.

GARY L LUMPKIN, Presiding Judge

Click Here To Download PDF

Footnotes:

1. Spain v. Jennings, 1993 OK CR 36, 882 P.2d 79.
2. 10A O.S. § 2-2-703.
3. 10A O.S. § 2-2-301 (C).
4. 19 O.S. § 138.10.

Oklahoma Statutes citations:

• Okla. Stat. tit. 10A § 2-2-703 - Transcripts and costs
• Okla. Stat. tit. 10A § 2-2-301 - General provisions regarding children
• Okla. Stat. tit. 19 § 138.10 - Costs and expenses in juvenile cases
• Okla. Stat. tit. 22 § 10.6(B) - Mandamus relief criteria

Oklahoma Administrative Rules citations:

No Oklahoma administrative rules found.

U.S. Code citations:

No US Code citations found.

Other citations:

No other rule citations found.

Case citations:

• Spain v. Jennings, 1993 OK CR 36, 882 P.2d 79