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INGRAHAM v. STATE

No. 87-1604.

527 So.2d 222 (1988)

John E. INGRAHAM, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

As Corrected on Consideration of Motion for Rehearing June 30, 1988.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Larry B. Henderson, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Ellen D. Phillips, Asst. Atty. Gen., Daytona Beach, for appellee.

DAUKSCH, Judge.

This is an appeal from a sentence in a sexual battery and kidnapping case.

We agree with appellant that he was improperly convicted of sexual battery in Count V because there was no proof of penetration.

We agree also with appellant that the court improperly departed from the recommended guideline sentence because he failed to provide clear and convincing written reasons for departure. Rease v. State, 493 So...

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