Daniels v. State

WENTWORTH, Judge.

Appellant seeks review of judgments of conviction and sentences imposed for the offenses of sexual battery, false imprisonment, and aggravated assault with a deadly weapon. Among other issues, appellant asserts that the lower court committed reversible error by departing from the recommended sentence established pursuant to Fla.R.Crim.P. 3.701 sentencing guidelines. We affirm the orders appealed.

In departing from the recommended guidelines sentence the court expressed a personal belief that appellant gave untruthful testimony at trial. While this is an improper basis for…