CHARLES MCDERMOTT, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Petitioner, Charles McDermott, seeks an emergency writ of mandamus directing the trial court to accept his written waiver of appearance and to withdraw a no bond capias warrant issued August 13, 2002.
Based on the state’s appropriate confession of error, and our own review of the record, we grant the petition for writ of mandamus, and direct the trial court to accept the petitioner’s written waiver in accordance with Florida Rule of Criminal Procedure 3.180. See Stout v. State, 795 So. 2d 227 (Fla. 4th DCA 2001), citing Lynch v. State, 736 So. 2d 1221 (Fla. 5th DCA 1999). Furthermore, since a defendant’s presence at a pretrial conference may be waived in writing, see Florida Rule of Criminal Procedure 3.220, we find no legal basis for issuance of this capias and therefore quash the same. See Reynolds v. State, 696 So. 2d 1275 (Fla. 5th DCA 1997). Cf. Cruz v. State, 822 So. 2d 595 (Fla. 3d DCA 2002)(trial court can require personal presence of defendant, notwithstanding waiver, if there is good cause and defendant must be clearly advised that personal presence is required).
Petition granted; capias quashed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Jean-Elie Charlemagne v. Marydell Guevara, 183 So. 3d 1261 (Fla. 3d DCA 2016)…clearly advised that his presence was - required at the January 13 hearing, which was set simply to address this Court’s mandate in the contempt proceedings.1 [*1264] See also Walters v. State, 905 So. 2d 974 (Fla. 1st DCA 2005); McDermott v. State, 824 So. 2d 333 (Fla. 3d DCA 2002); Reynolds v. State, 696 So. 2d 1275 (Fla. 5th DCA 1997). Because there is no legal basis for the issuance of the alias capias warrant under these circumstances, we grant the petition for writ of habeas corpus, quash the alias capi…
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Erick Jimenez v. State, 201 So. 3d 214 (Fla. 2d DCA 2016)…a defendant’s presence at a pretrial conference may be waived in writing. Florida courts have consistently held that a blanket policy mandating all defendants to appear for pretrial conferences circumvents the criminal rules. See McDermott v. State, 824 So. 2d 333, 333 (Fla. 3d DCA 2002) (quashing the issued capias and directing the trial court to 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 t…
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Sands v. Sherea Green (Fla. 3d DCA 2024)…st attorney-filed waivers of a defendant’s appearance are in direct contravention of Florida Rules of Criminal Procedure 3.180(a)(3) and 3.220(o)(1), which permit a defendant to waive his appearance at any pretrial conference.”); McDermott v. State, 824 So. 2d 333, 333 (Fla. 3d DCA 2002) (directing trial court to accept written waiver and finding no legal basis for bench warrant); Lynch v. State, 736 So. 2d 1221, 1221 (Fla. 5th DCA 1999) (finding mandatory appearance requirements and trial court’s refusal to…
Authorities Cited
- Belgica Nubia Cruz v. State, 822 So. 2d 595 (Fla. 3d DCA 2002)
- Reynolds v. State, 696 So. 2d 1275 (Fla. 5th DCA 1997)
- Lynch v. State, 736 So. 2d 1221 (Fla. 5th DCA 1999)
- Stout v. State, 795 So. 2d 227 (Fla. 4th DCA 2001)