Williams v. State, 84-2701
| Decision Date | 19 June 1985 |
| Docket Number | No. 84-2701,84-2701 |
| Parties | 10 Fla. L. Weekly 1543 Barry Allan WILLIAMS, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Robert C. Hill, Fort Myers, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and Robert J. Krauss, Asst. Atty. Gen., Tampa, for appellee.
The appellant, Barry Allan Williams, appeals from three sentences imposed against him. We find that the trial court did not abuse its discretion in deviating from the guidelines in sentencing appellant and, accordingly, we affirm.
Appellant was originally charged with burglary of a dwelling in violation of section 810.02, Florida Statutes (1983), and two counts of grand theft in violation of section 812.014, Florida Statutes (1983). The crimes were committed between January 11, 1984, and January 12, 1984.
On May 31, 1984, appellant pled guilty to the burglary of a dwelling charge and to one of the grand theft charges. He also pled guilty to a charge of petit theft in connection with the second grand theft charge.
The following colloquy took place at the plea hearing:
(R 21, 22).
After appellant, under oath, agreed to the three conditions and testified that he had a job and a place to live within Lee County, Florida, the trial court released appellant upon his own recognizance to await sentencing. On July 20, 1984, appellant failed to appear for sentencing, and a warrant for his arrest was issued. On October 10, 1984, appellant was returned to Lee County, Florida from the state of Texas.
At the sentencing hearing on November 13, 1984, appellant stated he had left the state of Florida in order to obtain employment to support his wife and baby and that he realized that what he had done was wrong. The court informed the appellant that because he had failed to appear for sentencing and had demonstrated thereby his unsuitability to being placed on probation, the court was going to deviate from the guidelines recommended range of any nonstate prison sanction. The court then adjudicated appellant guilty and sentenced him to serve concurrent terms of fifteen years on the charge of burglary of a dwelling, five years on the charge of grand theft, and sixty days on the charge of petit theft. This appeal timely followed.
The sole question on appeal is whether the trial court erred in considering appellant's failure to appear for sentencing as a reason for sentencing appellant outside of the recommended guidelines range.
A sentencing judge should avoid departing from a presumptive sentence unless clear and convincing reasons for doing so are present. Fla.R.Crim.P. 3.701(d)11. We find that a clear and convincing reason for departure exists in this case...
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Williams v. State
...Smith, Atty. Gen., and Robert J. Krauss, Asst. Atty. Gen., Tampa, for respondent. BARKETT, Justice. We have for review Williams v. State, 471 So.2d 201 (Fla. 2d DCA 1985), because of direct and express conflict with Monti v. State, 480 So.2d 223 (Fla. 5th DCA 1985). We have jurisdiction. Ar......
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Quarterman v. State
...all the conditions attached to his plea agreement, the trial court was justified in deviating from the guidelines. Williams v. State, 471 So.2d 201, 203 (Fla. 2d DCA 1985), quashed, 500 So.2d 501 (Fla.1986). This Court quashed the decision of the district court. Since the sole reason for de......
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Williams v. State, 85-1475
...that indicated at the time of the bargain in the event of default by the defendant, and we find no error and affirm. Williams v. State, 471 So.2d 201 (Fla. 2d DCA 1985); Johnson v. State, 458 So.2d 850 (Fla. 2d DCA 1984); Bell v. State, 453 So.2d 478 (Fla. 2d DCA Therefore, for the reasons ......
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Monti v. State, 85-612
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