JAMES WALKER, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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[*515] PER CURIAM.
Walker pled no contest to several felony charges in return for a four year sentence. He received a two week furlough prior to the formal sentencing on the condition, to which he specifically agreed, that if he did not surrender on the appointed date or he was charged with an additional offense, he could be sentenced to up to forty-five years in the state prison. In the event, he did not appear at the appropriate time and he was charged with a new offense, that of possession of a stolen vehicle.
Accordingly, he was sentenced to thirty years in prison, a term far beyond the guidelines.
We agree with the state that the appellant’s apparent breach of his specific plea agreement would justify the upward departure of the sentence which was imposed below. See Quarterman v. State, 527 So. 2d 1380 (Fla.1988).
The brevity of the proceedings at the actual sentencing, however, make it impossible to determine whether his absence was excusable “if, for example, he had been ill or, as is intimated but not developed in the record, had been unjustifiably arrested.” Harris v. State, 524 So. 2d 1104, 1105 (Fla. 3d DCA 1988); see Parker v. State, 465 So. 2d 1361 (Fla. 1st DCA 1985).
We therefore vacate the sentence and remand for further proceedings solely to determine these issues. If no excuse for non-attendance and no unjustifiable arrest are established after remand, the thirty-year sentence shall be reimposed.
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Walker v. State, 599 So. 2d 233 (Fla. 3d DCA 1992)…dant appealed to this Court. On appeal, this Court reversed the sentence and remanded the case back to the trial court to hold an evidentiary hearing in order to determine whether the defendant’s failure to appear was excusable. See Walker v. State, 578 So. 2d 514 (Fla. 3rd DCA 1991). At the evidentiary hearing mandated by this Court, the only sworn testimony presented was that of the defendant, who denied stealing the ear, and stated that he was in the car because a woman was giving him a ride to the hospi…
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Jenkins v. State, 615 So. 2d 754 (Fla. 3d DCA 1993)…granted relief in part by reducing the sentence to the legal maximum of 15 years. That ruling is entirely correct. On this appeal Jenkins argues that he should have been granted further relief below in the form of a hearing under Walker v. State, 578 So. 2d 514 (Fla. 3d DCA 1991); see also Walker v. State, 599 So. 2d 233 (Fla.3d DCA 1992) (appeal after remand). In the present case Jenkins entered a plea agreement pursuant to which he was sentenced to a 15-year term and granted a furlough for several days.…
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Jackson v. State, 639 So. 2d 1119 (Fla. 3d DCA 1994)…return from furlough was excusable or justifiable such that his -violation of the furlough agreement was involuntary. See Rodriguez v. State, 600 So. 2d 46 (Fla. 3d DCA 1992); Walker v. State, 599 So. 2d 233, 234 (Fla. 3d DCA 1992); Walker v. State, 578 So. 2d 514, 515 (Fla. 3d DCA 1991). Absent defendant’s showing of a legally sufficient excuse for failure to return from furlough, the thirty-year sentence will stand. We reject defendant’s argument that the plea bargain itself was illegal. See Quarterman v. S…
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- THE Florida BAR v. Mullins, 527 So. 2d 1380 (Fla. 1988)
- Parker v. State, 465 So. 2d 1361 (Fla. 1st DCA 1985)
- Thadius Harris v. State, 524 So. 2d 1104 (Fla. 3d DCA 1988)