EVANS REESE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Evans Reese appealed the trial court's denial of his motion to compel production of written statements and depositions from a 1994 armed robbery case. The appellate court affirmed, holding that the State Attorney's Office properly destroyed the file pursuant to statutory records retention requirements after providing Reese a complete copy in 2007.
The trial court properly denied the motion to compel because the State had provided Reese with a complete copy of the file in January 2007, and pursuant to section 119.021(2), Florida Statutes, the file was lawfully destroyed in 2007, making it impossible for the trial court to compel its production.
[1] A public records request for a prosecutor's file is rendered moot when the file has been destroyed in accordance with statutory retention periods.
[2] A trial court cannot compel the production of documents that have been lawfully destroyed.
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Join FLexlaw to unlock all legal intelligence“Pursuant to section 119.021(2), Florida Statutes (2007), the file was destroyed in 2007, thereby making it impossible for the trial court to grant Reese's motion to compel its production.”
Establishes the legal basis for upholding denial of the motion—the file was lawfully destroyed under statutory authority.
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Join FLexlaw to unlock all legal intelligenceReese was convicted of two counts of armed robbery in 1994. On September 29, 2006, he requested a copy of the entire prosecutor's file. The State Atto…
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Evans Reese (“Reese”), a frequent appellant in this Court,1 makes yet another appearance regarding a 1994 case in which he was convicted of two counts of armed robbery. Reese is now appealing the trial *652court’s denial of his motion to compel the State Attorney’s Office to release all written statements and depositions by Nelson Lopez and Arnold Guerra pursuant to his public records request filed on September 29, 2006. The operative facts are as follows.
On or about September 29, 2006, Reese sought a copy of the entire prosecutor’s file in the instant case. On January 8, 2007, the State Attorney’s Office sent Reese “a true and correct copy of the State Attorney’s file,” along with a cover letter encouraging him to contact Avilio Alfonso, the records specialist with the Miami-Dade County State Attorney’s Office, if he needed further assistance. On July 18, 2008, approximately one-and-a-half years later, Reese sent a letter to the State Attorney’s Office alleging that he had not received certain requested depositions and discovery. The State responded that it had sent him a complete copy of the file and that pursuant to statutory authority, the file had been destroyed. In response, Reese filed a motion to compel the production of these materials, which was denied by the trial court.
Because we find no error, we affirm. The State sent Reese a copy of his file in January of 2006. Pursuant to section 119.021(2), Florida Statutes (2007),2 the file was destroyed in 2007, thereby making it impossible for the trial court to grant Reese’s motion to compel its production.
Affirmed.
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- Carlton Tuggerson v. State, 899 So. 2d 428 (Fla. 5th DCA 2005)
- Evans Reese v. State, 683 So. 2d 645 (Fla. 3d DCA 1996)
- Evans Reese v. State, 753 So. 2d 800 (Fla. 3d DCA 2000)
- Jerry v. State, 753 So. 2d 800 (Fla. 3d DCA 2000)