Narrative Opinion Summary
Charles McDermott petitioned for an emergency writ of mandamus to compel the trial court to accept his written waiver of appearance and to withdraw a no bond capias warrant issued on August 13, 2002. The court granted the petition based on the state’s confession of error and its own review of the record. It directed the trial court to accept the waiver in accordance with Florida Rule of Criminal Procedure 3.180, referencing prior cases that support this position. The court noted that a defendant's presence at a pretrial conference can be waived in writing as per Florida Rule of Criminal Procedure 3.220. Consequently, the court found no legal basis for the capias and quashed it, while acknowledging that a trial court may require a defendant’s personal presence if good cause is shown and the defendant is informed of this requirement. The petition was granted, and the capias warrant was quashed.
Legal Issues Addressed
Acceptance of Written Waiver of Appearancesubscribe to see similar legal issues
Application: The trial court is required to accept a defendant's written waiver of appearance in compliance with Florida Rule of Criminal Procedure 3.180, as confirmed by the state's confession of error and judicial precedent.
Reasoning: It directed the trial court to accept the waiver in accordance with Florida Rule of Criminal Procedure 3.180, referencing prior cases that support this position.
Issuance and Quashing of Capias Warrantsubscribe to see similar legal issues
Application: The capias warrant issued due to the defendant's non-appearance was quashed because there was no legal basis for its issuance once the waiver of appearance was accepted.
Reasoning: Consequently, the court found no legal basis for the capias and quashed it.
Requirement of Defendant's Personal Presence for Good Causesubscribe to see similar legal issues
Application: A trial court may require a defendant’s personal presence if good cause is shown, provided the defendant is informed of this requirement.
Reasoning: The court acknowledged that a trial court may require a defendant’s personal presence if good cause is shown and the defendant is informed of this requirement.
Waiver of Defendant's Presence at Pretrial Conferencesubscribe to see similar legal issues
Application: The court determined that a defendant's presence at a pretrial conference can be waived in writing under the Florida Rule of Criminal Procedure 3.220.
Reasoning: The court noted that a defendant's presence at a pretrial conference can be waived in writing as per Florida Rule of Criminal Procedure 3.220.