Quarterman v. State, 527 So. 2d 1380 (Fla. 1988). · Go Syfert
Search
Quarterman v. State, 527 So. 2d 1380 (Fla. 1988). Cases Citing This Book View Copy Cite
214 citation events (105 in the last 25 years) across 6 distinct courts.
Strongest positive: Bolden v. State of Florida (fladistctapp, 2025-04-23)
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988 2007 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
cited Cited as authority (rule) Bolden v. State of Florida
Fla. Dist. Ct. App. · 2025 · confidence medium
Quarterman, 527 So. 2d at 1382 (emphasis added) (citations omitted) (quoting Quarterman v. State, 506 So. 2d 50, 51 (Fla. 2d DCA 1987)).
cited Cited as authority (rule) Bolden v. State of Florida
Fla. Dist. Ct. App. · 2025 · confidence medium
Quarterman, 527 So. 2d at 1382 (emphasis added) (citations omitted) (quoting Quarterman v. State, 506 So. 2d 50, 51 (Fla. 2d DCA 1987)).
examined Cited as authority (rule) Adrian Gore v. State of Florida (3×) also: Cited "see"
Fla. Dist. Ct. App. · 2025 · confidence medium
Quarterman noted that “the conditions which [the defendant] agreed to were not imposed after the plea bargain had been accepted, . . . but were accepted as an integral part of the bargain itself.” 527 So. 2d at 1382 (emphasis added) (internal quotation marks and citations omitted).
examined Cited as authority (rule) Michael D. Spear v. State of Florida (3×) also: Cited "see"
Fla. · 2022 · confidence medium
Quarterman v. State, 527 So. 2d 1380, 1382 (Fla. 1988) (holding that a trial court may depart from sentencing guidelines if the defendant violates a plea agreement to appear in court). -3- maximum five-year sentence for each of the six counts in the forgery case, and all sentences were to run consecutively.
discussed Cited as authority (rule) Costin v. State
Fla. Dist. Ct. App. · 2010 · confidence medium
Darling v. State, 886 So.2d 417, 418 (Fla. 1st DCA 2004) (reversing a sentence that exceeded the statutory maximum even though the defendant had agreed to the sentence); Bruno v. State, 837 So.2d 521, 523 (Fla. 1st DCA 2003) (reversing where the defendant’s sentence included a type of penalty not authorized by law); Williams v. State, 500 So.2d 501, 503 (Fla.1986) (stating the general proposition) (receded from on other grounds in Quarterman v. State, 527 So.2d 1380, 1382 (Fla.1988)).
cited Cited as authority (rule) State v. Huerta
Fla. Dist. Ct. App. · 2010 · confidence medium
Quarterman v. State, 527 So.2d 1380, 1382 (Fla.1988); see also Maddox v. State, 760 So.2d 89, 107 (Fla.2000).
discussed Cited as authority (rule) Carson v. State (2×)
Fla. Dist. Ct. App. · 2010 · confidence medium
In Quarterman v. State, 527 So.2d 1380, 1382 (Fla.1988), the supreme court receded from its perceived holding in Williams that a court could not exceed the then-controlling sentencing guidelines based on a legitimate plea bargain.
cited Cited as authority (rule) Byrd v. State
Fla. Dist. Ct. App. · 2008 · confidence medium
Id. at 1382; Holland v. State, 508 So.2d 5, 6 (Fla. 1987).
discussed Cited as authority (rule) State v. Stevens (2×)
Conn. · 2006 · confidence medium
If a defendant failed to appear because he was, for example, injured in an accident en route to the courthouse, and was then deprived of the benefit of his Garvin agreement, that defendant would appear to me to have a very sound due process claim. [9] Indeed, I note that the majority cites People v. Outley, supra, 80 N.Y.2d at 702 , 594 N.Y.S.2d 683 , 610 N.E.2d 356 , for the proposition that, "in the absence of a dispute as to the validity of the arrest, giving effect to the breach of the no arrest condition does not violate due process." [10] Sister state case law with respect to the due pro…
discussed Cited as authority (rule) Daniels v. State
Fla. Dist. Ct. App. · 2004 · confidence medium
It is well-settled that a negotiated plea is a valid reason to impose an initial upward departure prison sentence. [2] State v. Williams, 667 So.2d 191, 193 (Fla. 1996) ( Williams II ); Quarterman v. State, 527 So.2d 1380, 1382 (Fla.1988).
cited Cited as authority (rule) Maddox v. State
Fla. · 2000 · confidence medium
See, e.g., King, 681 So.2d at 1140 ; Quarterman v. State, 527 So.2d 1380, 1382 (Fla.1988); Williams, 500 So.2d at 503 .
cited Cited as authority (rule) Maddox v. State
Fla. · 2000 · confidence medium
See, e.g., King, 681 So.2d at 1140 ; Quarterman v. State, 527 So.2d 1380, 1382 (Fla.1988); Williams, 500 So.2d at 503 .
discussed Cited as authority (rule) State v. McEachern
Fla. Dist. Ct. App. · 1997 · signal: cf. · confidence medium
Cf. Quarterman v. State, 527 So.2d 1380, 1382 (Fla.1988)(finding that defendant's violation of plea agreement condition that he appear at sentencing was clear and convincing reason for departure sentence even though failure to appear for sentencing in an of itself was not valid reason for departure).
discussed Cited as authority (rule) King v. State
Fla. · 1996 · signal: cf. · confidence medium
Cf. Quarterman v. State, 527 So.2d 1380, 1382 (Fla.1988) (finding that defendant's violation of plea agreement condition that he appear at sentencing was clear and convincing reason for departure sentence even though failure to appear for sentencing in and of itself was not valid reason for departure).
cited Cited as authority (rule) Brooks v. State
Fla. Dist. Ct. App. · 1995 · confidence medium
Smith v. State, 529 So.2d 1106, 1107 (Fla. 1988); Quarterman v. State, 527 So.2d 1380, 1382 (Fla. 1988).
cited Cited as authority (rule) Eady v. State
Fla. Dist. Ct. App. · 1992 · confidence medium
Smith v. State, 530 So.2d 304, 305 (Fla. 1988); Quarterman v. State, 527 So.2d 1380, 1382 (Fla. 1988); Thornburg v. State, 591 So.2d 1121 (Fla. 1st DCA 1992).
cited Cited as authority (rule) Wolf v. State
Fla. Dist. Ct. App. · 1992 · confidence medium
Quarterman v. State, 527 So.2d 1380, 1382 (Fla. 1988).
cited Cited as authority (rule) Walker v. State
Fla. Dist. Ct. App. · 1989 · confidence medium
Quarterman v. State, 527 So.2d 1380, 1382 (Fla.1988).
cited Cited as authority (rule) Brown v. State
Fla. Dist. Ct. App. · 1989 · confidence medium
Smith v. State, 529 So.2d 1106, 1107 (Fla.1988); Quarterman v. State, 527 So.2d 1380, 1382 (Fla.1988); Holland v. State, 508 So.2d 5, 6 (Fla.1987).
cited Cited "see" Parson v. State of Florida
Fla. Dist. Ct. App. · 2025 · signal: see · confidence high
See Mack, 955 So. 2d at 54 (citing Quarterman v. State, 527 So.2d 1380, 1382 (Fla.1988)) (“Our supreme court has held that plea agreements may contain conditions that depend on later fact finding.”).
cited Cited "see" Deon Jones v. State of Florida
Fla. Dist. Ct. App. · 2024 · signal: see · confidence high
See Quarterman v. State, 527 So. 2d 1380, 1381 (Fla. 1988).
discussed Cited "see" Torrance Rogers v. The State of Florida
Fla. Dist. Ct. App. · 2024 · signal: see · confidence high
See Quarterman v. State, 527 So. 2d 1380, 1381 (Fla. 1988); see also Johnson v. State, 501 So. 2d 158 , 160–61 (Fla. 3d DCA 1987) (“[W]here timely appearance for sentencing is made a condition of a plea agreement, a non- willful failure to appear will not vitiate the agreement . . . .”); Selig v. State, 112 So. 3d 746, 751 (Fla. 2d DCA 2013) (holding defendant’s failure to comply with probation conditions must be willful and not due to 1 We summarily reject the secondary assertion commitment was discretionary under the terms of the agreement. 2 “transportation, money, health, [or] ho…
cited Cited "see" Watson v. State
Fla. Dist. Ct. App. · 2017 · signal: see · confidence high
See Quarterman v. State, 527 So.2d 1380 (Fla.1988).
discussed Cited "see" Steven C. Richardson v. State
Fla. Dist. Ct. App. · 2016 · signal: see · confidence high
See Quarterman v. State, 527 So.2d 1380 (Fla.1988) (holding that where a furlough and an enhanced sentence for failure to appear in court at a later time are part of the plea agreement, a court is justified in imposing the enhanced sentence after the defendant fails to appear in court, without giving him an opportunity to withdraw'his plea).
cited Cited "see" Donovan L. Patterson v. State
Fla. Dist. Ct. App. · 2016 · signal: see · confidence high
See Quarterman v. State, 527 So.2d 1380 (Fla.1988). 2 .
discussed Cited "see" Walker v. State (2×)
Fla. Dist. Ct. App. · 2014 · signal: see · confidence high
See Quarterman v. State, 527 So.2d 1380 , 1382 (Fla.1988); Norman v. State, 43 So.3d 771, 773-74 (Fla. 2d DCA 2010).
cited Cited "see" Silfran v. State
Fla. Dist. Ct. App. · 2013 · signal: see · confidence high
See Quarterman v. State, 527 So.2d 1380 (Fla.1988).
cited Cited "see" Phillips v. State
Fla. Dist. Ct. App. · 2013 · signal: see · confidence high
See Quarterman v. State, 527 So.2d 1380 (Fla.1988); Neeld v. State, 977 So.2d 740 , 743 n. 5 (Fla. 2d DCA 2008).
cited Cited "see" ODOL v. State
Fla. Dist. Ct. App. · 2011 · signal: see · confidence high
See Quarterman v. State, 527 So.2d 1380 , 1381 (Fla.1988).
discussed Cited "see" Lowery v. State
Fla. Dist. Ct. App. · 2009 · signal: see · confidence high
See Quarterman v. State, 527 So.2d 1380 (Fla.1988) (affirming enforcement of plea agreement which provided for the release of the defendant between entry of plea and sentencing but allowed an upward departure sentence if defendant failed to appear at sentencing); Smith v. State, 988 So.2d 1258, 1261 (Fla. 5th DCA 2008).
discussed Cited "see" Henson v. State
Fla. Dist. Ct. App. · 2008 · signal: see · confidence high
See Quarterman v. State, 527 So.2d 1380 (Fla. 1988) (affirming the enforcement of a plea agreement that provided for the release and liberty of the defendant between entry of plea and sentencing but permitted an upward departure sentence if the defendant failed to appear for sentencing).
discussed Cited "see" Fillyaw v. State
Fla. Dist. Ct. App. · 2007 · signal: see · confidence high
See Briggs v. State, 682 So.2d 1151, 1152 (Fla. 5th DCA 1996) (applying Quarterman v. State, 527 So.2d 1380 (Fla.1988), and affirming sentence that exceeded terms of plea agreement imposed after defendant failed to appear for sentencing), review denied, 691 So.2d 1079 (Fla.1997)).
cited Cited "see" Bass v. State
Fla. Dist. Ct. App. · 2007 · signal: see · confidence high
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).
discussed Cited "see" MacK v. State (2×)
Fla. Dist. Ct. App. · 2007 · signal: see · confidence high
See Quarterman v. State, 527 So.2d 1380, 1382 (Fla.1988) (noting "the conditions which Quarterman agreed to were not imposed after the plea bargain had been accepted, but were accepted as `an integral part of the bargain itself'") (citations omitted).
discussed Cited "see" Corria v. State
Fla. Dist. Ct. App. · 2006 · signal: see · confidence high
See Quarterman v. State, 527 So.2d 1380, 1382 (Fla.1988) (providing that a departure sentence for the failure to appear at a sentencing hearing is valid if an integral part of the defendant's plea agreement is that the defendant's failure to appear at the sentencing hearing will result in the imposition of a departure sentence); see also Maddox v. State, 760 So.2d 89, 107 (Fla. 2000) ("A valid plea agreement constitutes clear and convincing grounds for the trial judge to impose a departure sentence."); State v. Williams, 667 So.2d 191, 193 (Fla. 1996); Valentine v. State, 736 So.2d 706 (Fla. 5…
cited Cited "see" Adams v. State
Fla. Dist. Ct. App. · 2006 · signal: see · confidence high
See Quarterman v. State, 527 So.2d 1380 (Fla.1988).
cited Cited "see" Hawkins v. State
Fla. Dist. Ct. App. · 2005 · signal: see · confidence high
See Quarterman v. State, 527 So.2d 1380 (Fla.1988).
cited Cited "see" White v. State
Fla. Dist. Ct. App. · 2004 · signal: see · confidence high
See generally, Quarterman v. State, 527 So.2d 1380 (Fla. 1988). .
cited Cited "see" Floyd v. State
Fla. Dist. Ct. App. · 2004 · signal: see · confidence high
See Williams v. State, 500 So.2d 501, 503 (Fla.1986), receded from in part on other grounds, Quarterman v. State, 527 So.2d 1380, 1382 (Fla.1988).
discussed Cited "see" Richmond v. State
Fla. Dist. Ct. App. · 2004 · signal: see · confidence high
See Quarterman v. State, 527 So.2d 1380 (Fla.1988); Dunenas v. Moore, 762 So.2d 1007 (Fla. 3d DCA 2000). *450 The defendant also claims that two offenses to which she entered pleas are barred by double jeopardy.
cited Cited "see" Morales v. State
Fla. Dist. Ct. App. · 2003 · signal: see · confidence high
See Quarterman v. State, 527 So.2d 1380 (Fla.1988); Fambro v. State, 581 So.2d 199 (Fla. 4th DCA 1991).
cited Cited "see" Smith v. State
Fla. Dist. Ct. App. · 2003 · signal: see · confidence high
See Quarterman v. State, 527 So.2d 1380 (Fla.1988).
cited Cited "see" Luther v. State
Fla. Dist. Ct. App. · 2002 · signal: see · confidence high
See Quarterman v. State, 527 So.2d 1380 (Fla.1988).
cited Cited "see" Brown v. State
Fla. Dist. Ct. App. · 2002 · signal: see · confidence high
See Quarterman v. State, 527 So.2d 1380 (Fla.1988).
discussed Cited "see" Gonzales v. State
Fla. Dist. Ct. App. · 2002 · signal: see · confidence high
See Williams v. State, 500 So.2d 501 (Fla.1986), receded from on other grounds Quarterman v. State, 527 So.2d 1380 (Fla.1988); Hollybrook v. State, 795 So.2d 1012 (Fla. 2d DCA 2001); Sohl v. State, 710 So.2d 676 (Fla. 5th DCA 1998); Cheney v. State, 640 So.2d 103, 105 (Fla. 4th DCA 1994); Dyer v. State, 629 So.2d 285, 286 (Fla. 5th DCA 1993); Stephens v. State, 627 So.2d 543, 544 (Fla. 2d DCA 1993).
cited Cited "see" Robie v. State
Fla. Dist. Ct. App. · 2002 · signal: see · confidence high
See Quarterman v. State, 527 So.2d 1380 (Fla.1988).
cited Cited "see" Ferguson v. State
Fla. Dist. Ct. App. · 2001 · signal: see · confidence high
See Williams v. State, 500 So.2d 501, 502 (Fla.1986), receded from on other grounds by Quarterman v. State, 527 So.2d 1380 (Fla.1988).
discussed Cited "see" Adams v. State
Fla. Dist. Ct. App. · 2001 · signal: see · confidence high
See Quarterman v. State, 527 So.2d 1380 (Fla.1988)(departure from guidelines sentence is permissible where it is based both on defendant's failure to appear at sentencing and a condition of the plea agreement itself); Burgess v. State, 691 So.2d 607 (Fla. 4th DCA 1997).
cited Cited "see" Morlanne v. State
Fla. Dist. Ct. App. · 2001 · signal: see · confidence high
See Quarterman v. State, 527 So.2d 1380, 1382 (Fla.1988); see also Rahmings v. State, 660 So.2d 1390, 1392 (Fla.1995).
cited Cited "see" Moser v. State
Fla. Dist. Ct. App. · 2000 · signal: see · confidence high
See Quarterman v. State, 527 So.2d 1380 (Fla.1988).
Retrieving the full opinion text from the archive…
David J. QUARTERMAN, Petitioner,
v.
STATE of Florida, Respondent.
70567.
Supreme Court of Florida.
Jul 14, 1988.
527 So. 2d 1380
Ehrlich.
Cited by 128 opinions  |  Published

James Marion Moorman, Public Defender and Allyn Giambalvo, Asst. Public Defender,[*1381] Tenth Judicial Circuit, Clearwater, for petitioner.

Robert A. Butterworth, Atty. Gen. and Lauren Hafner Sewell, Asst. Atty. Gen., Tampa, for respondent.

EHRLICH, Chief Justice.

We have for review Quarterman v. State, 506 So.2d 50 (Fla. 2d DCA 1987), in which the district court certified the following question as being of great public importance:

MAY A TRIAL JUDGE EXCEED THE RECOMMENDED GUIDELINES SENTENCE BASED UPON A LEGITIMATE AND UNCOERCED CONDITION OF A PLEA BARGAIN?

506 So.2d at 52. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

Pursuant to a plea bargain, Quarterman entered a plea of guilty to the charge of armed robbery. Under the plea agreement, Quarterman was to be sentenced to five-and-one-half years. Prior to his plea of guilty, Quarterman requested a few days continuance to visit a sister who was hospitalized. At the beginning of the plea hearing, defense counsel announced the terms of the bargain as follows:

This plea is tendered based upon the understanding that Mr. Quarterman will show up for sentencing this coming Monday, and at that time he would be sentenced to five and a half years in the Department of Corrections with credit for time served.
I have ... explained to Mr. Quarterman if he failed to show up for court Monday or if he committed a new crime between now and Monday, that the Court's offer would not be binding on the Court and the Court could sentence him to anything in the Court's discretion.

Prior to accepting the plea, the trial court reiterated these conditions, specifically asking Quarterman if he understood the conditions and agreed to them. Quarterman agreed and the plea was accepted. Quarterman failed to appear for sentencing on the following Monday. At which time, he was sentenced in absentia to fifteen years. The recommended guidelines range was four-and-one-half to five-and-one-half years. The court gave the following reasons for departure:

Juvenile record not scored; Defendant failed to appear for sentencing; new offense committed between plea and sentencing date (1 week); Defendant agreed Court could impose maximum — i.e., life imprisonment, if he FTA'd and he did; professional manner which crime was committed, anyone of these reasons, standing alone, I would deviate upward.

On appeal, the district court agreed with Quarterman that the trial court erred by sentencing him in absentia.[*] However, the court rejected Quarterman's contention that the trial court's decision to depart from the guidelines sentence constituted a ground for withdrawal of his plea, reasoning that the trial court was justified in exceeding the guidelines based on the legitimate and uncoerced plea bargain allowing the court to do so. 506 So.2d at 52. This holding was based on the fact that the trial court in this case expressly based departure on, among other things, the plea agreement providing for departure and the district court's recognition that "[p]lea bargain sentences have consistently been recognized as a valid reason for departure from a recommended sentence even if the court does not state other valid reasons for departure." Id. However, based on certain dicta contained in this Court's decision in Williams v. State, 500 So.2d 501 (Fla. 1986), the district court questioned whether a legitimate plea bargain could serve as the valid basis for departure. Concerned that its holding might be contrary to Williams, the district court certified the question before us.

As in this case, the defendant in Williams pled guilty pursuant to a negotiated plea agreement. At the plea hearing, the trial judge informed Williams that he would be sentenced within the guidelines under three conditions: 1) that his criminal record was as he said it was; 2) that he appear for sentencing at a later date; and 3) that he refrain from engaging in any[*1382] further criminal activity. Williams agreed to these conditions. The plea was accepted by the court and Williams was released on his own recognizance. Williams failed to appear for sentencing on the specified date. At a subsequent sentencing hearing, the trial court departed from the recommended guidelines sentence, giving Williams' failure to appear for sentencing as the sole reason for departure. On appeal, the district court upheld the departure sentence, reasoning that because Williams failed to fulfill 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 departure given by the trial court in Williams was that the "DEFENDANT DID NOT APPEAR FOR SENTENCING...," we perceived the issue before the Court to be "whether a defendant's failure to appear for sentencing constitutes a clear and convincing reason for departure from the guidelines." 500 So.2d at 502. Persuaded by the reasoning of the Fifth District Court in Monti v. State, 480 So.2d 223 (Fla. 5th DCA 1985), that a departure sentence based on the defendant's failure to appear at sentencing amounted to a deviation from the guidelines based upon a crime for which the defendant has not been convicted, see Fla. R.Crim.P. 3.701(d)(11), we held that it was not. Id. We went on to hold that "a defendant's acquiescence cannot confer authority on the court for such departure." Id. The district court below correctly interpreted Williams as standing for the limited proposition that "a defendant's failure to appear for sentencing in and of itself does not constitute a clear and convincing reason for departure from the sentencing guidelines, even when [a] defendant acquiesced in the conditions imposed by the trial court." 506 So.2d at 51.

Since our decision in Williams, this Court has recognized that a plea bargain can constitute a valid reason for departure. Holland v. State, 508 So.2d 5, 6 (Fla. 1987). Our decision in Williams should not be read to hold to the contrary. The trial court in Williams based departure solely on Williams failure to appear. In the instant case, departure was not only based on Quarterman's failure to appear but was also based on the plea agreement itself. Further, as noted by the district court, the conditions which Quarterman agreed to were not imposed after the plea bargain had been accepted, see Pumphrey v. State, 502 So.2d 982 (Fla. 1st DCA 1987); Moore v. State, 489 So.2d 1215 (Fla. 2d DCA 1986), but were accepted as "an integral part of the bargain itself." 506 So.2d at 51. We agree with the court below that, under these circumstances, the plea bargain itself serves as a clear and convincing reason for departure and recede from any language in Williams to the contrary.

Accordingly, we answer the certified question in the affirmative and approve the decision below.

It is so ordered.

OVERTON, McDONALD, SHAW, GRIMES and KOGAN, JJ., concur.

BARKETT, J., concurs in result only with an opinion.

BARKETT, Justice, concurring in result only.

I concur in result only because there were valid reasons for departure other than the petitioner's failure to appear for sentencing. Otherwise, Williams v. State, would and should control for the reasons stated in Williams.

[*] The state does not challenge this portion of the decision below.