FREDERICK LYNCH, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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Lynch petitioned for a writ of mandamus to compel a county court to accept his written waiver of appearance at a pretrial conference. The court held that Florida Rules of Criminal Procedure 3.180 and 3.220 expressly permit defendants to waive pretrial conference attendance in writing, and therefore the trial court erred in refusing to accept Lynch's signed waiver despite the notice containing mandatory appearance language.
No. Florida Rules of Criminal Procedure 3.180 and 3.220 expressly permit defendants to waive attendance at pretrial conferences in writing. The county court's refusal to accept Lynch's written waiver directly violated these rules, and the court was required to accept the waiver.
[1] A defendant's presence at a pretrial conference may be waived in writing.
[2] A written waiver of attendance for a pretrial conference must be accepted by the court.
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Join FLexlaw to unlock all legal intelligence“at any pretrial conference, unless waived by the defendant in writing”
Florida Rule of Criminal Procedure 3.180 explicitly permits written waiver of defendant presence at pretrial conferences
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Join FLexlaw to unlock all legal intelligenceLynch was served with a notice of pretrial conference scheduled for April 28, 1999, stating 'YOUR APPEARANCE IS MANDATORY.' At the commencement of the…
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COBB, J.
Lynch has filed a petition for writ of mandamus to review a decision of the county court refusing to accept his signed, written waiver of attendance for a pretrial conference. The county court’s ruling followed service upon Lynch of a notice of pretrial conference issued by the clerk of the Seminole County court. This notice set the pretrial conference for April 28, 1999 and states: “YOUR APPEARANCE IS MANDATORY.” At the commencement of the pretrial conference, Lynch’s counsel presented the court with a written waiver of appearance executed by Lynch. The court refused to accept the waiver and requested that counsel return the following morning with Lynch.
The mandatory appearance language of the notice of pretrial conference and the trial court’s refusal to accept Lynch’s written waiver are in direct contravention of our rules of criminal procedure. Florida Rule of Criminal Procedure 3.180 provides in relevant part:
PRESENCE OF DEFENDANT
(a) Presence of Defendant. In all prosecutions for crime the defendant shall be present: (3) at any pretrial conference, unless waived by the defendant in writing;
Florida Rule of Criminal Procedure 3.220(p) likewise provides in relevant part:
(p) Pretrial Conference.
(1) The trial court may hold 1 or more pretrial conferences, with trial counsel present, to consider such matters as will promote a fair and expeditious trial. The defendant shall be present unless the defendant waives this in writing.
The county court must follow the clear dictates of these rules and accept the written waiver of appearance proffered on behalf of Lynch by his counsel. We accordingly grant the petition for writ of mandamus directing the County Court of Seminole County to accept the petitioner’s written waiver in accordance with the applicable rules of criminal procedure.
PETITION GRANTED; WRIT OF MANDAMUS ISSUED.
THOMPSON and ANTOON, JJ., concur.
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Belgica Nubia Cruz v. State, 822 So. 2d 595 (Fla. 3d DCA 2002)…unsel. Accordingly, there appears to be no legal basis for issuance of the capias and it is hereby quashed. Reynolds v. State, 696 So. 2d 1275 (Fla. 5th DCA 1997) (emphasis added); Stout v. State, 795 So. 2d 227 (Fla. 4th DCA 2001); Lynch v. State, 736 So. 2d 1221 (Fla. 5th DCA 1999); see also Kearse v. State, 770 So. 2d 1119, 1125 (Fla.2000), cert. denied, 532 U.S. 945, 121 S.Ct. 1411, 149 L.Ed.2d 352 (2001). As is implicit in the Reynolds decision, the trial court can require the personal presence of the d…
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Stout v. State, 795 So. 2d 227 (Fla. 4th DCA 2001)…PER CURIAM. This case presents nearly the same factual situation as Lynch v. State, 736 So. 2d 1221 (Fla. 5th DCA 1999), which counsel [*228] for Petitioner cited to the trial court below to no effect. As in Lynch, the instant trial court rejected Petitioner’s signed, written waiver of appearance for a pretrial status conference in his criminal pr…
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Erick Jimenez v. State, 201 So. 3d 214 (Fla. 2d DCA 2016)…accept the defendant’s written waiver of appearance in accordance with the criminal rules); Stout v. State, 795 So. 2d 227, 228 (Fla. 4th DCA 2001) (requiring the trial court to accept the petitioner’s written waiver of appearance); Lynch v. State, 736 So. 2d 1221, [*217] 1221 (Fla. 5th DCA 1999) (“[T]he mandatory appearance language [stating Tour appearance is mandatory'] of the notice of pretrial conference and the trial court’s refusal to accept Lynch’s written waiver are in direct contravention of our rul…
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