Brewer v. State

While I agree with the majority of this court that there are potential problems in connection with the motion, I cannot join in the court’s disposition. I would grant the motion.

The majority’s concerns are quite reasonable. If criminal defendants are misusing the system to obtain transcripts at State expense when they are not entitled to do so, that is a cause for concern. But here we draw the inference that there is necessarily a problem and, on our own motion, remand the matter to the trial court with instructions. When we raise and decide issues sua sponte we are somewhat more likely to go…