Eyrich

Petitioner Fay Larue Eyrich seeks a writ of mandamus claiming respondent improperly denied his request for a court reporter. We agree.

Eyrich is charged with violations of Penal Code sections 243.1 (battery against custodial officer in performance of duties), 241.1 (assault upon custodial officer), and 148 (resisting, delaying or obstructing officer). Respondent court appointed the public defender to represent him, after Eyrich filed a “Financial Statement on Eligibility for Appointment of Counsel.” When Eyrich’s case was called, a deputy public defender answered ready for trial and requested a court reporter be ordered. The request was denied “unless special issues [were] involved.”

Eyrich petitioned the superior court for an alternative writ of prohibition/ mandate. The writ issued, the state filed a return, and Eyrich filed a traverse. The superior court denied Eyrich relief, holding he had failed to establish indigency for purposes of obtaining a free court reporter. This petition followed, and we stayed further proceedings pending its resolution.

I

Eyrich contends a separate showing of indigency for purposes of obtaining a court reporter is both wasteful and…

I concur in the result reached by the majority, but cannot join in all of its dicta. I agree a “request for a court reporter [is] a request for a verbatim record” and I agree with the finding “a bare request alone will suffice.”

However, as stated in my dissent in Andrus v. Municipal Court (1983) 143 Cal.App.3d 1041 [ 192 Cal.Rptr. 341 ], I believe all misdemeanant de *1142 fendants are entitled to a court reporter (or some other adequate means of providing a verbatim record). This constitutional right should not be dependent upon the defendant’s financial status.

Cecil Hicks, District Attorney, Michael R. Capizzi, Assistant District Attorney, William W. Bedsworth and Michael Pear, Deputy District Attorneys, for Real Party in Interest.

OPINION

TROTTER, P.J.

Petitioner Fay Larue Eyrich seeks a writ of mandamus claiming respondent improperly denied his request for a court reporter. We agree.

Eyrich is charged with violations of Penal Code sections 243.1 (battery against custodial officer in performance of duties), 241.1 (assault upon custodial officer), and 148 (resisting, delaying or obstructing officer). Respondent court appointed the public defender to represent him, after Eyrich filed a "Financial Statement on Eligibility for Appointment of Counsel." When Eyrich's case was called, a deputy public defender answered ready for trial and requested a court reporter be ordered. The request was denied "unless special issues [were] involved."

Eyrich petitioned the superior court for an alternative writ of prohibition/mandate. The writ issued, the state filed a return, and Eyrich filed a traverse. The superior court denied Eyrich relief, holding he had failed to establish indigency for purposes of obtaining a free court reporter. This…