PATRICK WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Patrick Williams appeals his departure sentence. We affirm.
Mr. Williams entered a negotiated plea agreement and was released pending sentencing subject to Quarberman1 conditions. He was duly advised by the trial court that if he failed to appear for sentencing the court would not be bound by the sentencing terms provided in the plea agreement. On the day of sentencing Mr. Williams failed to appear. A warrant was issued and he was subsequently arrested. When he was brought to the court for sentencing Mr. Williams failed to submit any evidence indicating that his failure to appear was excusable. Accordingly, the trial court was authorized to impose a departure sentence. Cf. Walker v. State, 578 So. 2d 514 (Fla. 3d DCA 1991).
SENTENCE AFFIRMED.
W. SHARP, THOMPSON and ANTOON, JJ., concur. . See Quarterman v. State, 527 So. 2d 1380 (Fla.1988) (holding that plea bargain is sufficient basis for imposing departure sentence).
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Torres v. State, 798 So. 2d 777 (Fla. 5th DCA 2001)…going down one level for an attempt, and going up one level for the use of a [*778] firearm), and he was sentenced to 15 years in prison (180 months) followed by a total of 30 years on probation. He appealed and this court affirmed. Torres v. State, 726 So. 2d 860 (Fla. 5th DCA 1999). In his Rule 3.800 motion, Torres alleges that pursuant to the 1993 version of the statute, an attempt was two levels below a completed crime. See § 777.04, Fla. Stat. The statute under which he was sentenced, Chapter 95-184, ch…
Authorities Cited
- THE Florida BAR v. Mullins, 527 So. 2d 1380 (Fla. 1988)
- Walker v. State, 578 So. 2d 514 (Fla. 3d DCA 1991)