JUVENAL PINA, PETITIONER/APPELLANT,

v.

MARILYN R. PINA, RESPONDENT/APPELLEE

Citator

Cited By (14 total)

• Irwin v. State, 479 So. 2d 153 (Fla. 2d DCA 1985)
  …lant’s “outrageous lies” and the quantity of contraband as the basis of the departure. We agree with appellant that the first ground is not a valid reason for departure, especially since appellant was never convicted of perjury. Beauvais v. State, 475 So. 2d 1342 (Fla. 3d DCA 1985); Agatone v. State, 474 So. 2d 846 (Fla. 2d DCA 1985). The quantity of drugs involved in the offense is a proper circumstance to be considered in departing from a recommended sentence since it is a factor relating to the instant of…
• Robinson v. State, 605 So. 2d 500 (Fla. 1st DCA 1992)
  …54 (Fla. 1st DCA1984). The court’s gratuitous statement gives the appearance that Robinson was sentenced as a habitual offender as a means of punishing him for taking the stand and presenting his version of the events in question. Beauvais v. State, 475 So. 2d 1342, 1344 (Fla. 3d DCA1985). We emphasize that a judge’s opinion as to whether a defendant testified falsely should not enter into the sentencing decision, unless, obviously, the court is determining a sentence after a separate perjury conviction. Never…
• Linford Fletcher v. State, 508 So. 2d 506 (Fla. 4th DCA 1987)
  …ontraband. As to the alleged attempt to suborn peijury, the defendant was neither convicted nor charged with any such offense. The decisions around the state have not found perjury at trial to be a valid reason for departure. See Beauvais v. State, 475 So. 2d 1342 (Fla. 3d DCA 1985); Jones v. State, 501 So. 2d 178 (Fla. 4th DCA 1986). If peijury at trial is not a clear and convincing reason to depart, then attempted subornation of peijury at trial would have to be likewise unconvincing. The third reason give…