McDermott v. State

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…