GWENDY ANDRADE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that a defendant waives the attorney-client privilege regarding advice received when they voluntarily testify about that advice.
The defendant testified that her failure to appear in court was based on her attorney's advice. The State then called the attorney, who denied giving …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Voluntary Disclosure cases and more on FLexlaw
[*1239] PER CURIAM.
Gwendy Andrade appeals an order revoking her probation. We affirm.
While testifying at the hearing on revocation of probation, defendant-appellant Andrade stated that she had failed to appear in court on a particular date because her then-counsel told her not to. Later, the State called the former attorney as a witness, who denied giving any such advice.
On this appeal, defendant contends that this testimony was given in violation of the attorney-client privilege. We disagree.
Assuming for present purposes that the point is preserved for appellate review,* we entirely agree with the trial court that the defendant had waived the attorney-client privilege on this particular issue when she testified that her failure to appear was based on the advice of her previous counsel. See § 90.507, Fla. Stat. (2000) (holder of the privilege waives it through voluntary disclosure); Hoyas v. State, 456 So. 2d 1225, 1228-29 (Fla. 3d DCA 1984); see also Reed v. State, 640 So. 2d 1094, 1096-97 (Fla.1994); Wilson v. Waimuright, 248 So. 2d 249, 250 (Fla. 1st DCA 1971).
*
Although the record does not reflect an objection by defendant's counsel at the hearing, the court addressed the issue of waiver sua sponte.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Coleman v. State, 886 So. 2d 1043 (Fla. 5th DCA 2004)…PER CURIAM. See Kerlin v. State, 352 So. 2d 45, 52 (Fla.1977); Andrade v. State, 773 So. 2d 1238 (Fla. 3d DCA 2000). AFFIRMED. SHARP, W., PALMER and TORPY, JJ., Concur.…
Authorities Cited
- Grover Reed v. State, 640 So. 2d 1094 (Fla. 1994)
- Hoyas v. State, 456 So. 2d 1225 (Fla. 3d DCA 1984)
- Linton Edward Wilson v. Louie L. Wainwright, 248 So. 2d 249 (Fla. 1st DCA 1971)