Fitzpatrick v. State

Adams, Judge.

Regence Fitzpatrick was convicted of shoplifting on December 13, 2000. Fitzpatrick filed a timely motion for new trial, which was denied on May 16, 2002. Fitzpatrick, who is indigent, then filed a notice of appeal on May 22, 2002, and requested that nothing be omitted from the record. When, after 19 months, Fitzpatrick failed to file a transcript, the state filed a motion to dismiss Fitzpatrick’s notice of appeal on December 29, 2003. In response to the motion, Fitzpatrick’s public defender asserted that the court reporter failed to respond to his attempts to obtain the…