Quarterman v. State
| Citation | 527 So.2d 1380,13 Fla. L. Weekly 431 |
| Decision Date | 14 July 1988 |
| Docket Number | No. 70567,70567 |
| Parties | 13 Fla. L. Weekly 431 David J. QUARTERMAN, Petitioner, v. STATE of Florida, Respondent. |
| Court | United States State Supreme Court of Florida |
Page 1380
v.
STATE of Florida, Respondent.
James Marion Moorman, Public Defender and Allyn Giambalvo, Asst. Public Defender,
Page 1381
Tenth Judicial Circuit, Clearwater, for petitioner.Robert A. Butterworth, Atty. Gen. and Lauren Hafner Sewell, Asst. Atty. Gen., Tampa, for respondent.
EHRLICH, Chief Justice.
We have for review Quarterman v. State, 506 So.2d 50 (Fla. 2d DCA 1987), in which the district court certified the following question as being of great public importance:
MAY A TRIAL JUDGE EXCEED THE RECOMMENDED GUIDELINES SENTENCE BASED UPON A LEGITIMATE AND UNCOERCED CONDITION OF A PLEA BARGAIN?
506 So.2d at 52. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.
Pursuant to a plea bargain, Quarterman entered a plea of guilty to the charge of armed robbery. Under the plea agreement, Quarterman was to be sentenced to five-and-one-half years. Prior to his plea of guilty, Quarterman requested a few days continuance to visit a sister who was hospitalized. At the beginning of the plea hearing, defense counsel announced the terms of the bargain as follows:
This plea is tendered based upon the understanding that Mr. Quarterman will show up for sentencing this coming Monday, and at that time he would be sentenced to five and a half years in the Department of Corrections with credit for time served.
I have ... explained to Mr. Quarterman if he failed to show up for court Monday or if he committed a new crime between now and Monday, that the Court's offer would not be binding on the Court and the Court could sentence him to anything in the Court's discretion.
Prior to accepting the plea, the trial court reiterated these conditions, specifically asking Quarterman if he understood the conditions and agreed to them. Quarterman agreed and the plea was accepted. Quarterman failed to appear for sentencing on the following Monday. At which time, he was sentenced in absentia to fifteen years. The recommended guidelines range was four-and-one-half to five-and-one-half years. The court gave the following reasons for departure:
Juvenile record not scored; Defendant failed to appear for sentencing; new offense committed between plea and sentencing date (1 week); Defendant agreed Court could impose maximum--i.e., life imprisonment, if he FTA'd and he did; professional manner which crime was committed, anyone of these reasons, standing alone, I would deviate upward.
On appeal, the district court agreed with Quarterman that the trial court erred by sentencing him in absentia. * However, the court rejected Quarterman's contention that the trial court's decision to depart from the guidelines sentence constituted a ground for withdrawal of his plea,...
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