Gee v. State

DAVIS, Judge.

Clayton A. Gee, who was convicted as a habitual traffic offender of driving while his license was revoked, challenges his forty-eight-month prison sentence. After approving a negotiated plea of 364 days in county jail for this offense, the trial court deferred Gee’s sentencing date. But for reasons beyond his control — which were promptly communicated to the court — Gee was unable to appear as scheduled. When Gee did appear for sentencing, the trial court, without even considering whether his failure to appear was willful, imposed the much harsher sentence of forty-eight months…