Perez v. State

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’s apparent untruthfulness at trial is not a valid reason for departing from the sentencing guidelines. Beauvais v. State, 475 So.2d 1342…