Quarterman v. State

Citation527 So.2d 1380,13 Fla. L. Weekly 431
Decision Date14 July 1988
Docket NumberNo. 70567,70567
Parties13 Fla. L. Weekly 431 David J. QUARTERMAN, Petitioner, v. STATE of Florida, Respondent.
CourtUnited States State Supreme Court of Florida

Page 1380

527 So.2d 1380
13 Fla. L. Weekly 431
David J. QUARTERMAN, Petitioner,
STATE of Florida, Respondent.
No. 70567.
Supreme Court of Florida.
July 14, 1988.

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:


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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132 cases
  • Maddox v. State
    • United States
    • United States State Supreme Court of Florida
    • May 11, 2000
    ...by statute or rule as long as the sentence does not exceed the statutory maximum. See, e.g., King, 681 So.2d at 1140; Quarterman v. State, 527 So.2d 1380, 1382 (Fla.1988); Williams, 500 So.2d at 503. D. Deviation from Oral Pronouncement of Sentence: Increased Length of Incarceration In a nu......
  • State v. Stevens
    • United States
    • Supreme Court of Connecticut
    • May 2, 2006
    ...but I note that Florida enforces "no offense" conditions pursuant to its leading conditional plea agreement case, Quarterman v. State, 527 So.2d 1380, 1382 (Fla.1988), which, like State v. Garvin, supra, 242 Conn. at 313-14, 699 A.2d 921, involved a defendant's failure to appear. Florida's ......
  • Spear v. State
    • United States
    • Court of Appeal of Florida (US)
    • April 17, 2020
    ......The State also brought a separate criminal prosecution against Spear charging him with these two crimes. The parties ultimately entered into a plea agreement to resolve both cases. The court accepted the plea but, consistent with a " Quarterman agreement," 3 the court permitted Spear to be released from custody pending his sentencing, "with the understanding that if [he] violates any of the release conditions listed [in the Quarterman agreement], [he] agrees to be sentenced to the maximum sentence in the above styled case[s]." Spear ......
  • Gaskins v. State, 91-106
    • United States
    • Court of Appeal of Florida (US)
    • October 12, 1992
    ...to impose an illegal sentence. Larson, 572 So.2d at 1371; Williams v. State, 500 So.2d 501, 503 (Fla.1986), clarified in Quarterman v. State, 527 So.2d 1380 (Fla.1988); Rhoden, 448 So.2d at 1016; Fuller v. State, 578 So.2d 887, 889 (Fla. 1st DCA1991), quashed on other grounds, 595 So.2d 20 ......
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