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Lenzy v. State11/18/1993
nd two require that the perjury be committed on a trial or court proceeding. In these cases, the legislature has clearly determined that the range of punishments should be more stringent. However, if the deposition is not used or attempted to be used in a court proceeding, then the punishment should be under subdivision three. Any holding by this Court in Graham or Arnold to the contrary is overruled.
Appellant in the instant case clearly committed perjury when he made false statements during his sworn deposition on August 1, 1986. As appellant's false statement was never delivered to the court in which it was intended to be used, he should have been sentenced pursuant to the punishment range established in subdivision three (not more than five (5) years). The record indicates that the sentence given by the judge was well within the range of punishment allowed and is, therefore, affirmed.
We therefore find that appellant's perjury conviction should be AFFIRMED.
LUMPKIN, P.J., and LANE, CHAPEL, and STRUBHAR, JJ., concur.
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