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McDermott v. State

District Court of Appeal of Florida, Third District
Aug 28, 2002
824 So. 2d 333 (Fla. Dist. Ct. App. 2002)

Summary

quashing the issued capias and directing the trial court to accept the defendant's written waiver of appearance in accordance with the criminal rules

Summary of this case from Jimenez v. State

Opinion

No. 3D02-2156.

August 28, 2002.

A Case of Original Jurisdiction — Mandamus.

Robert David Malove, for appellant.

Robert A. Butterworth, Attorney General and Kristine Keaton, Assistant Attorney General, for appellee.

Before GERSTEN, GODERICH, and GREEN, JJ.


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.


Summaries of

McDermott v. State

District Court of Appeal of Florida, Third District
Aug 28, 2002
824 So. 2d 333 (Fla. Dist. Ct. App. 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

Summary of this case from Jimenez v. State

directing the trial court to accept the defendant's written waiver of appearance and to withdraw its issuance of a no bond capias because there was no legal basis for its issuance

Summary of this case from Martinez v. State
Case details for

McDermott v. State

Case Details

Full title:Charles McDERMOTT, Appellant, v. The STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Aug 28, 2002

Citations

824 So. 2d 333 (Fla. Dist. Ct. App. 2002)

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