Cilien v. State
The Third DCA granted a habeas petition quashing a bench warrant issued for a defendant's non-appearance at arraignment, holding the trial court erred in believing a defendant's signature was required to waive presence at arraignment or that the waiver had to be a separate document from the written plea of not guilty. The court explained that under Rule 3.160(a), a written plea of not guilty filed by counsel waives the arraignment itself, and under Rule 3.180(a)(2), it independently waives the defendant's presence—neither requires the defendant's own signature.
Key facts
- Defendant was arrested on a bench warrant issued for failure to appear at arraignment after defense counsel filed a written plea of not guilty without a separate signed waiver document.
- The trial court believed the defendant's personal signature was required to waive presence at arraignment and that such waiver had to be a separate document from the plea.
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Why it matters
This opinion corrects a recurring misapplication of Rules 3.160(a) and 3.180(a)(2) by trial courts issuing improper bench warrants when defense counsel files a written plea of not guilty without an accompanying signed… — full analysis with a trial
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