GRANT
v.
STATE
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A bench warrant must be quashed where the defendant was not given sufficiently clear notice that personal appearance would be required in court, even though he had executed a written waiver of appearance.
[1] When a bench warrant has already been issued, a writ of habeas corpus is the proper remedy to challenge the warrant based on insufficient notice of required personal appe…
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Join FLexlaw to unlock all legal intelligence“the defendant was not given a sufficiently clear notice that her personal appearance would be required in court, notwithstanding that she had executed a written waiver of appearance”
The court applied the principle from Cruz v. State, 822 So. 2d 595, 596 (Fla. 3d DCA 2002) to the facts of this case.
Aljamar Grant, a criminal defendant, executed a written waiver of appearance but contends he received insufficient notice that his personal appearance…
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PER CURIAM.
Aljamar Grant, the Defendant in a criminal case, petitions for a writ of habeas corpus to quash a bench warrant for his arrest. Based upon the State’s commendable confession of error, we grant the petition and quash the bench warrant immediately, notwithstanding the filing of any post-opinion motions. Cruz v. State, 822 So. 2d 595, 596 (Fla. 3d DCA 2002) (“[W]e conclude that the defendant was not given a sufficiently clear notice that her personal appearance would be required in court, notwithstanding that she had executed a written waiver of appearance.”).
Where no bench warrant has been issued, but the trial court refused to undertake the ministerial act of accepting the defendant’s waiver of presence, the proper remedy is a writ of mandamus, but here, where the bench warrant has already issued, the proper remedy is a writ of habeas corpus. Id. at 596 & n.2 (citations omitted).
Petition granted.
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Authorities Cited
- Belgica Nubia Cruz v. State, 822 So. 2d 595 (Fla. 3d DCA 2002)