Florida District Courts of Appeal, 1997

Reigh v. State

Reigh v. State
Florida District Courts of Appeal · Decided March 12, 1997 · Gunther, Klein, Shahood
689 So. 2d 1199; 1997 Fla. App. LEXIS 2334; 1997 WL 106970 (Southern Reporter, Second Series)

Reigh v. State

Opinion of the Court

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 *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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