Opinion
Case No. 3D06-708.
Opinion filed May 3, 2006.
A Case of Original Jurisdiction — Mandamus, Lower Tribunal No. F06-1543.
The Law Offices of Fisher Lawrence and Joshua Fisher, for petitioner.
Charles J. Crist, Jr., Attorney General, and William J. Selinger, Assistant Attorney General, for respondent.
Before RAMIREZ, SUAREZ, and CORTIÑAS, JJ.
Petitioner, Daniel Martinez, seeks a writ of mandamus directing the trial court to accept his written waiver of appearance and quash the no bond capias issued March 15, 2006. We grant the petition.
On January 14, 2006, Petitioner was arrested. On February 3, 2006, Petitioner signed a waiver of presence, which was filed with the court. Also on that date, Petitioner's arraignment was held, where Petitioner's counsel filed a plea of not guilty to charges of possession of cocaine and possession of marijuana. At the arraignment, the trial court requested Petitioner and his counsel to appear on March 15, 2006 for a Report re: Plea. On March 15, 2006, at the Report re: Plea, Petitioner's counsel announced his appearance, and advised the trial court that Petitioner was not present and had previously filed a written waiver of presence excusing him from appearing at pretrial conferences. The trial court refused to honor Petitioner's written waiver of presence and issued a capias and estreated his bond. Petitioner filed the instant emergency petition for writ of mandamus petitioning this court to direct the trial court to (1) accept the written waiver of presence at pretrial conferences, and (2) order the trial court to quash the capias issued on March 15, 2006.
We find that the trial court's refusal to accept Petitioner's written waiver of appearance contravenes Florida Rules of Criminal Procedure 3.180(a)(3) and 3.220(p)(1), which provide that a defendant's presence at a pretrial conference may be waived in writing. See Reynolds v. State, 696 So. 2d 1275 (Fla. 5th DCA 1997); see also Cruz v. State, 822 So. 2d 595 (Fla. 3d DCA 2002); Stout v. State, 795 So. 2d 227 (Fla. 4th DCA 2001); Lynch v. State, 736 So. 2d 1221 (Fla. 5th DCA 1999). The trial court can require a defendant's personal presence in court, notwithstanding a waiver, if there is good reason to do so and the defense counsel and defendant are clearly advised that the defendant's personal appearance is required. Cruz, 822 So. 2d at 596. However, in the instant case, there is nothing in the record demonstrating that the trial court had good cause to require Petitioner's personal appearance notwithstanding his waiver. See McDermott v. State, 824 So. 2d 333 (Fla. 3d DCA 2002) (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);Reynolds, 696 So. 2d 1275 (holding that there was no legal basis for the trial court's issuance of a capias warrant for the defendant's failure to appear at a docket sounding, because the defendant had waived her personal presence in writing).
Accordingly, we grant the petition for writ of mandamus, direct the trial court to accept Petitioner's written waiver of appearance, and quash the issuance of the capias.
Petition granted; capias quashed.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.