JIM A. BASS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Jim Bass appeals his convictions for fleeing at high speed and aggravated assault, challenging his sentences of 15 years and 5 years consecutive after he failed to appear for sentencing despite a plea agreement providing for concurrent 5-year sentences. The court affirmed the convictions but identified a scrivener's error in the judgment and preserved Bass's right to seek post-conviction relief.
The court affirmed Bass's convictions and sentences, holding that his failure to appear for sentencing voided the negotiated sentencing provisions per Quarterman v. State. The court identified a scrivener's error in the judgment (designating fleeing as third-degree rather than second-degree felony and omitting the high-speed classification) to be corrected on remand. Bass is not entitled to direct appeal relief but may pursue post-conviction relief through Rule 3.800(c) or 3.850 motions.
[1] A defendant's failure to appear for sentencing, when it is a condition of a plea agreement, voids the sentencing provisions of that negotiated plea.
[2] A scrivener's error in a written judgment designating a felony as a lower degree than it should be, or omitting a classification, may be corrected on remand.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“failure to appear for sentencing when it is a condition of the plea voids sentencing provisions of the negotiated plea”
Legal principle from Quarterman v. State establishing that Bass's failure to appear voided the agreed concurrent sentencing terms
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceBass was charged with driving with a suspended license, fleeing at high speed, and two counts of aggravated assault with a deadly weapon on law enforc…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Failure To Appear For Sentencing cases and more on FLexlaw
ALTENBERND, Judge.
Jim A. Bass appeals his judgments and sentences for fleeing or attempting to elude at high speed and aggravated assault. We affirm without prejudice to Mr. Bass’s right to file a timely motion pursuant to Florida Rule of Criminal Procedure 3.800(c) or 3.850.
Mr. Bass was charged with driving while license suspended or revoked,1 fleeing or attempting to elude at high speed,2 and two counts of aggravated assault with a deadly weapon on a law enforcement officer.3 He negotiated a plea agreement by which all charges were dismissed except for fleeing at high speed and one count of the lesser-included offense of aggravated assault. The written plea agreement provided for concurrent sentences of five years’ incarceration. A condition of the plea was that Mr. Bass would subsequently appear as scheduled for sentencing. After the plea was accepted, Mr. Bass failed to appear for sentencing. He was arrested three days later at or near his family’s home in Avon Park. At the sentencing hearing, without the benefit of the negotiated sentence, he received a sentence of fifteen years’ incarceration for the offense of fleeing at high speed and five years’ consecutive incarceration for the aggravated assault. See Quarterman v. State, 527 So. 2d 1380 (Fla.1988) (holding that failure to appear for sentencing when it is a condition of the plea voids sentencing provisions of the negotiated plea).
The written judgment contains a scrivener’s error, designating the fleeing at high speed as a third-degree felony rather than a second-degree felony and omitting the high-speed classification. On remand, this error should be corrected. Mr. Bass is not entitled to any relief on direct appeal concerning his sentences. If he wishes to seek any relief from his lengthy sentence, he must file either a timely motion for reduction of sentence pursuant to rule 3.800(c) or a motion to withdraw his plea pursuant to rule 3.850.
Affirmed with instructions.
NORTHCUTT and LaROSE, JJ., Concur. . § 322.34(3)(a), Fla. Stat. (2004).
. § 316.1935(3)(a), Fla. Stat. (2004).
.§§ 784.021(l)(a), ,07(2)(c), Fla. Stat. (2004).