Rahmings v. State, 93-983
| Court | Court of Appeal of Florida (US) |
| Writing for the Court | Before SCHWARTZ; LEVY |
| Citation | 636 So.2d 567 |
| Parties | 19 Fla. L. Weekly D1038 Sabrina RAHMINGS, Appellant, v. The STATE of Florida, Appellee. |
| Docket Number | No. 93-983,93-983 |
| Decision Date | 10 May 1994 |
Page 567
v.
The STATE of Florida, Appellee.
Third District.
Bennett H. Brummer, Public Defender, and Louis Campbell, Asst. Public Defender, for appellant.
Robert A. Butterworth, Atty. Gen., and Paulette R. Taylor, Asst. Atty. Gen., for appellee.
Before SCHWARTZ, C.J., and JORGENSON and LEVY, JJ.
LEVY, Judge.
Sabrina Rahmings, the defendant, appeals her upward departure sentence, which was imposed after she breached a presentencing furlough agreement. We affirm in part, reverse in part, and remand.
After a jury trial, the defendant was convicted of two counts of armed robbery, one count of aggravated battery, and one count of burglary. The defendant sought a furlough prior to sentencing in order to tend to some personal matters. The trial judge agreed to furlough the defendant, but only after imposing a 40-year sentence which would be mitigated upon the defendant's return on the agreed upon date. The defendant took the stand and testified that she understood the agreement, and would appear as required. The defendant was released, and subsequently returned as required. A second furlough was later granted on the same conditions, and the defendant again returned as required. Upon her return from the second furlough, the defendant requested an extension of the furlough, which was also granted on the same conditions.
The defendant failed to return as required from this extension of her second furlough. She was not present in the courtroom when her case was called, nor when it was again called at the end of the trial court's calendar. After a search of the ladies' room and the area adjacent to the courtroom failed to locate her, she was sentenced to 40 years pursuant to the agreement. Since 40 years constituted an upward departure sentence, the written reason for departure given on her scoresheet was "waived guidelines to get furlough--failed to turn herself in." The defendant is currently incarcerated under this sentence, and now appeals.
In Quarterman v. State, 527 So.2d 1380 (Fla.1988), the Supreme Court approved using a defendant's failure to appear after an agreed-upon furlough as a justification for an upward departure sentence. Quarterman, 527 So.2d at 1382. There is no question that the defendant in this case knowingly and voluntarily entered into the furlough agreement with the court. Having clearly breached the agreement, the trial court properly sentenced the defendant pursuant to its terms. See Harris v. State, 608 So.2d 898 (Fla. 3d DCA 1992).
The defendant, however, attempts to distinguish Quarterman, and contends that her
Page 568
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Rahmings v. State, 83845
...General and Paulette R. Taylor, Assistant Attorney General, Miami, for respondent. SHAW, Justice. We have for review Rahmings v. State, 636 So.2d 567 (Fla. 3d DCA 1994), based on conflict with Williams v. State, 500 So.2d 501 (Fla.1986). We have jurisdiction. Art. V, Sec. 3(b)(3), Fla. Cons......
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...SCHWARTZ, C.J., and JORGENSON and GODERICH, JJ. PER CURIAM. Affirmed. Quarterman v. State, 527 So.2d 1380 (Fla.1988); Rahmings v. State, 636 So.2d 567 (Fla. 3d...
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Rahmings v. State
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