Hampton

DISCUSSION

Petitioner is currently incarcerated and contends he did not receive adequate credit

toward his sentence. He requested transcripts from his sentencing hearing to prove this

fact. The trial court initially granted the request but issued a subsequent minute order

indicating the transcripts, which were 17 years old, had been destroyed. Petitioner asks

us to order the release of his transcripts, for which he says he already paid, and for the

disclosure of the name of the court reporter who transcribed his sentencing hearing.

Because it appears the transcripts no longer exist, we cannot order them produced.

However, respondent has not indicated why it cannot provide the name of the court

reporter who transcribed the sentencing hearing. It also failed to answer petitioner’s

allegation that he paid for transcripts but has not been reimbursed.

Accordingly, we have determined that the petition should be granted in limited

part.

DISPOSITION

Let a peremptory writ of mandate issue, directing the Superior Court of San

Bernardino County to ascertain whether it can determine the name of the court reporter

who transcribed petitioner’s sentencing hearing. If it can,…