PEROZO
v.
STATE
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A trial court must accept a defendant's written waiver of appearance at pretrial conferences unless the trial court demonstrates good cause to require the defendant's presence.
[1] A defendant has the right to waive their appearance at a pretrial conference in writing, absent good cause shown by the trial court to require their presence.
[2] A trial court must accept a defendant's written waiver of appearance at a pretrial conference unless good cause exists to override the waiver.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“if there is a good reason to do so, a trial court may require the presence of the defendant in court even when the defendant has filed a written waiver [of appearance at pretrial conferences]”
The court cited Charlemagne v. Guevara to explain the limited circumstances under which a trial court may override a defendant's written waiver
Emerson Perozo submitted a written waiver of appearance at a pretrial conference in a criminal prosecution. The trial court rejected the waiver.…
The full statement of facts, procedural history, and disposition for this case are member content.
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Third District Court of Appeal
State of Florida
Opinion filed March 28, 2018. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D18-373 Lower Tribunal No. 17-21313
________________
Emerson Perozo,
Petitioner,
vs.
The State of Florida,
Respondent.
A Case of Original Jurisdiction – Mandamus.
Carlos J. Martinez, Public Defender, and Jeffrey Paul DeSousa, Assistant Public Defender, for petitioner.
Pamela Jo Bondi, Attorney General, and Magaly Rodriguez, Assistant Attorney General, for respondent.
Before ROTHENBERG, C.J., and SALTER and LOGUE, JJ.
ROTHENBERG, C.J.
The petitioner, Emerson Perozo, seeks mandamus relief instructing the trial court to accept his written waiver of appearance at any pretrial conference. See
Fla. R. Crim. P. 3.180(a)(3) (“In all prosecutions for crime the defendant shall be present . . . at any pretrial conference, unless waived by the defendant in writing[.]”); 3.220(o)(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.”). Because no good cause has been shown to override the defendant’s waiver, we grant the petition for writ of mandamus and instruct the trial court to accept the petitioner’s written waiver of appearance. See Charlemagne v. Guevara,
183 So. 3d 1261, 1263 (Fla. 3d DCA 2016) (“[I]f there is a good reason to do so, a trial court may require the presence of the defendant in court even when the defendant has filed a written waiver [of appearance at pretrial conferences].”) (citing Cruz v. State, 822 So. 2d 595 (Fla. 3d DCA 2002)).
Petition granted; writ of mandamus issued.
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Cited By
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Sands v. Sherea Green (Fla. 3d DCA 2024)
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Trenton Scott v. State (Fla. 3d DCA 2020)
Authorities Cited
- Belgica Nubia Cruz v. State, 822 So. 2d 595 (Fla. 3d DCA 2002)
- Jean-Elie Charlemagne v. Marydell Guevara, 183 So. 3d 1261 (Fla. 3d DCA 2016)