Reigh v. State

District Court of Appeal of Florida

Reigh v. State

689 So. 2d 1199, 1997 Fla. App. LEXIS 2334, 1997 WL 106970

CourtDistrict Court of Appeal of Florida

DecidedMarch 12, 1997

DocketNo. 96-0610

StatusPublished

This text of 689 So. 2d 1199 (Reigh 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.

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Reigh v. State, 689 So. 2d 1199, 1997 Fla. App. LEXIS 2334, 1997 WL 106970 (Fla. Ct. App. 1997).

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Opinion

PER CURIAM.

Appellant was convicted of committing a lewd act and attempted sexual battery on a nine year old child. At his sentencing hearing, appellant admitted committing perjury at his trial, and the court grounded an upward departure sentence on the perjury.

Perjury is not a valid reason for departing from the guidelines: See, e.g., Smith v. State, 484 So.2d 649 (Fla. 4th DCA 1986). This is so even where the fact that the defendant has perjured himself is beyond [1200]*1200dispute, and not merely based on the belief of the court after trial. Anderson v. State, 503 So.2d 388 (Fla. 2d DCA 1987); Trainor v. State, 468 So.2d 484 (Fla. 2d DCA 1985). We therefore reverse and remand for a sentence within the guidelines. We have considered the other issues and find them to be without merit.

GUNTHER, C.J., and KLEIN and SHAHOOD, JJ., concur.

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PER CURIAM.

Appellant was convicted of committing a lewd act and attempted sexual battery on a nine year old child. At his sentencing hearing, appellant admitted committing perjury at his trial, and the court grounded an upward departure sentence on the perjury.

Perjury is not a valid reason for departing from the guidelines: See, e.g., Smith v. State, 484 So.2d 649 (Fla. 4th DCA 1986). This is so even where the fact that the defendant has perjured himself is beyond [1200]*1200dispute, and not merely based on the belief of the court after trial. Anderson v. State, 503 So.2d 388 (Fla. 2d DCA 1987); Trainor v. State, 468 So.2d 484 (Fla. 2d DCA 1985). We therefore reverse and remand for a sentence within the guidelines. We have considered the other issues and find them to be without merit.

GUNTHER, C.J., and KLEIN and SHAHOOD, JJ., concur.

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689 So. 2d 1199, 1997 Fla. App. LEXIS 2334, 1997 WL 106970, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reigh-v-state-fladistctapp-1997.

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