RANGEL
v.
STATE

Fla. 3d DCA | 2019-01-25
No. 19-0138
Hendon, J., Salter, J., Lindsey, J.
260 So. 3d 578 Florida District Court of Appeal, Third District (2019) Positive Treatment
Cited by 3 cases

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Holding

A trial court must accept a defendant's written waiver of presence and cannot issue an alias capias and estreature of bond to compel attendance when such waiver is properly submitted.


Headnotes

[1] A trial court must accept a defendant's written waiver of presence and cannot issue an alias capias and estreature of bond to compel attendance when such waiver has been…

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Facts & Procedural History

Rangel filed an emergency petition for habeas corpus challenging an alias capias and estreature of bond issued by the trial court. Rangel had submitte…

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Opinion of the Court
Hendon

Third District Court of Appeal State of Florida

Opinion filed January 25, 2019. ________________

No. 3D19-0138 Lower Tribunal No. 18-18405 ________________

Edward Rangel, Petitioner,

vs.

The State of Florida, Respondent.

A Case of Original Jurisdiction – Habeas Corpus.

Carlos J. Martinez, Public Defender, and Jeffrey Paul DeSousa, Assistant Public Defender, for petitioner.

Ashley Brooke Moody, Attorney General, and Linda Katz, Assistant Attorney General, for respondent.

Before SALTER, LINDSEY and HENDON, JJ.

ON CONFESSION OF ERROR

HENDON, J.

2

Pursuant to the State’s proper concession, we grant the emergency Petition for Habeas Corpus, quash the alias capias and estreature of bond issued by the trial court, and remand with directions to the trial court to accept the Petitioner’s written waiver of presence.

Petition for Writ of Habeas Corpus granted and cause remanded. This opinion shall take effect immediately.


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