Berry v. State

District Court of Appeal of Florida

Berry v. State

561 So. 2d 330, 1990 Fla. App. LEXIS 2577, 1990 WL 45506

CourtDistrict Court of Appeal of Florida

DecidedApril 17, 1990

DocketNo. 89-706

StatusPublished

Cited by2 cases

This text of 561 So. 2d 330 (Berry v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Berry v. State, 561 So. 2d 330, 1990 Fla. App. LEXIS 2577, 1990 WL 45506 (Fla. Ct. App. 1990).

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Opinion

PER CURIAM.

Where a defendant was in a position of familial authority and by virtue of that authority a special trust existed which he breached, a valid reason for a guideline departure sentence existed. Gopaul v. State, 536 So.2d 296 (Fla. 3d DCA 1988). In our view the same rule applies notwithstanding that the rape victim is the defendant’s emancipated teen-aged daughter. It was the familial relationship which brought the girl, along with her infant child, back to her father’s home for a visit where she was forced to submit to her father’s advances under the threat of violence.

Affirmed.

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PER CURIAM.

Where a defendant was in a position of familial authority and by virtue of that authority a special trust existed which he breached, a valid reason for a guideline departure sentence existed. Gopaul v. State, 536 So.2d 296 (Fla. 3d DCA 1988). In our view the same rule applies notwithstanding that the rape victim is the defendant’s emancipated teen-aged daughter. It was the familial relationship which brought the girl, along with her infant child, back to her father’s home for a visit where she was forced to submit to her father’s advances under the threat of violence.

Affirmed.

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Bluebook (online)

561 So. 2d 330, 1990 Fla. App. LEXIS 2577, 1990 WL 45506, Counsel Stack Legal Research, https://law.counselstack.com/opinion/berry-v-state-fladistctapp-1990.

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