Huffman

Christopher Kyle Huffman, an indigent defendant, seeks a free transcript of a prior mistrial. We issued a notice of intent to grant the petition pursuant to Palma v. U.S. Industrial Fasteners, Inc. (1984) 36 Cal.3d 171 [ 203 Cal.Rptr. 626 , 681 P.2d 893 ]. By letter, the office of the district attorney declined to file opposition. The office of the county counsel filed opposition on behalf of the court.

We hold: (1) Huffman is entitled to the relevant portions of the transcript of the mistrial; (2) the preparation of the transcript is a charge against the county treasury only when an order for its preparation is made by the court; (3) no rational alternative funding has been established; and (4) the court has the ultimate responsibility to insure payment for the preparation of the transcript. We therefore find Huffman is entitled to a court order providing funding for the transcript. The writ is granted.

Background

On September 15, 1989, Huffman was acquitted on several counts alleged in the misdemeanor complaint but there was a hung jury on two counts. Trial was rescheduled on charges of assault and resisting arrest.

Huffman, represented by the public defender’s…