PEREZ v. STATE

No. BG-24.

485 So.2d 24 (1986)

Juan PEREZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

March 13, 1986.


Attorney(s) appearing for the Case

Michael E. Allen, Public Defender, Glenna Joyce Reeves, Asst. Public Defender, Tallahassee, for appellant.

Jim Smith, Atty. Gen., Gregory G. Costas, Asst. Atty. Gen., Tallahassee, for appellee.


SHIVERS, Judge.

This is an appeal from a conviction and sentence for battery of a law enforcement officer, resisting an officer without violence, and simple battery. Appellant/defendant argues on appeal that the trial court erred in departing from the sentencing guidelines, based on the sole reason that the court believed defendant to have perjured himself while testifying at trial.

We agree. The courts of this state have consistently held that a defendant...

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