Berry v. State, 89-706
| Decision Date | 17 April 1990 |
| Docket Number | No. 89-706,89-706 |
| Citation | 561 So.2d 330 |
| Parties | 15 Fla. L. Weekly D991 William BERRY, Appellant, v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
John Lipinski, Miami, for appellant.
Robert A. Butterworth, Atty. Gen., and Mark S. Dunn, Asst. Atty. Gen., for appellee.
Before BASKIN, FERGUSON and GERSTEN, JJ.
Where a defendant was in a position of familial authority and by virtue of that authority a special trust existed which he breached, a valid reason for a guideline departure sentence existed. Gopaul v. State, 536 So.2d 296 (Fla. 3d DCA 1988). In our view the same rule applies notwithstanding that the rape victim is the defendant's emancipated teen-aged daughter. It was the familial relationship which brought the girl, along with her infant child, back to her father's home for a visit where she was forced to submit to her father's advances under the threat of violence.
Affirmed.
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Berry v. State
...A. Butterworth, Atty. Gen. and Mark S. Dunn, Asst. Atty. Gen., Miami, for respondent. PER CURIAM. We have for review Berry v. State, 561 So.2d 330 (Fla. 3d DCA 1990), based upon conflict with Davis v. State, 517 So.2d 670 (Fla.1987). We have jurisdiction. Art. V, Sec. 3(b)(3), Fla. In Berry......
- Berry v. State