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Schilling v. City of Trussville
Citations: 715 So. 2d 238; 1998 Ala. Crim. App. LEXIS 75; 1998 WL 130231Docket: CR-97-0609
Court: Court of Criminal Appeals of Alabama; March 19, 1998; Alabama; State Appellate Court
James Allen Schilling appealed his DUI conviction from the Municipal Court of Trussville to the Circuit Court of Jefferson County, where he was found guilty and sentenced to 12 months' imprisonment, suspended, with 12 months of probation, community service, and a $500 fine. Schilling's request for a court reporter to transcribe the trial was denied by the circuit court, despite his attorney's motion citing the potential for jail time due to this being Schilling's second DUI. Schilling did not assert financial hardship as a reason for this request. On appeal, he contended that the denial of a court reporter violated his due process rights. The appellate court agreed, stating that a defendant has the right to a court reporter regardless of whether errors were made during the trial or if a jail sentence was imposed. The State's argument that a court reporter is only required when jail time is involved was rejected, as the circuit court is obligated to provide one upon request. The State's interpretation of § 12-17-270, which concerns the appointment of official court reporters, was deemed incorrect; the obligations apply to any case where a party requests a reporter. Additionally, § 12-17-275 outlines the duties of an official court reporter, emphasizing their role in documenting trial proceedings accurately. The circuit court denied the appellant, Schilling, his right to a court reporter for transcribing the trial proceedings. Schilling failed to demonstrate indigency before requesting the transcription, thus he would typically be responsible for the court reporter's fees under Ala. Code § 12-17-277. However, the obligation to appoint a court reporter is not dependent on a defendant's indigency status. The State claimed that Schilling was not denied due process as an alternative to a trial transcript was available under Rule 10(d) of the Alabama Rules of Appellate Procedure; however, this rule does not apply to criminal cases. According to Fair v. City of Birmingham, there is generally no designation of the record in criminal appeals, and the parties cannot merely agree on the record's contents. The circuit court, being a court of record, is required by law to have a court reporter present unless the defendant waives this right. Consequently, the judgment was reversed, and the case was remanded for a new trial. All judges concurred in this decision.