Reigh v. State

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

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 dispute, 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.