Legal Opinion

Peake v. State

District Court of Appeal of Florida

Decided June 27, 1986No. Nos. BK-74, BK-93PublishedCited by 7 opinions

1Opinion of the Court

NIMMONS, Judge.

This is an appeal from two consolidated cases in each of which appellant plead guilty to one count of lewd assault upon a child. Appellant challenges the sufficiency of the trial court’s reasons for departing from the sentencing guidelines range of 4½ to 5¾⅛ years. Appellant was sentenced to concurrent 10 year terms in each of the two cases. We affirm the sentences finding no merit to appellant’s arguments and find it necessary only to discuss reason #4 which the trial court gave for departure:

4. Defendant’s attempt to place some of the blame for these repulsive acts upon the…

2Cases cited5 opinions

  1. Hubler v. StateDistrict Court of Appeal of Florida · 1984
  2. Ochoa v. StateDistrict Court of Appeal of Florida · 1985
  3. Pursell v. StateDistrict Court of Appeal of Florida · 1986
  4. Guerrero v. StateDistrict Court of Appeal of Florida · 1986
  5. Perez v. StateDistrict Court of Appeal of Florida · 1986

3Cited by7 opinions

  1. K.N.M. v. StateDistrict Court of Appeal of Florida · 2001
  2. St. Val v. StateDistrict Court of Appeal of Florida · 2007
  3. Avery Corbitt v. StateDistrict Court of Appeal of Florida · 2016
  4. Devin R. Bartley v. State of FloridaDistrict Court of Appeal of Florida · 2020
  5. KNM v. StateDistrict Court of Appeal of Florida · 2001

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