JOEHNK v. STATE

No. 96-3470.

689 So.2d 1179 (1997)

Ryan JOEHNK, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied April 9, 1997.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, P. Douglas Brinkmeyer, Assistant Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Attorney General, Charlie McCoy, Assistant Attorney General, Tallahassee, for appellee.


WOLF, Judge.

Appellant challenges a final order of commitment under the Baker Act. Appellant argues that it was error to conduct his commitment hearing outside of his presence and without sufficiently determining that he had voluntarily waived his right to be present. The state argues that appellant's lawyer waived appellant's presence by telling the court that appellant did not wish to be present. We determine 1) that appellant has a fundamental right to be present...

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