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PAIGE v. STATE

No. 89-3082.

573 So.2d 201 (1991)

Gilbert L. PAIGE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

January 25, 1991.

Attorney(s) appearing for the Case

Barbara M. Linthicum, Public Defender, Nancy L. Showalter, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., Cynthia Shaw, Asst. Atty. Gen., Tallahassee, for appellee.

PER CURIAM.

Paige challenges the departure sentence imposed after his entry of a nolo contendere plea to the charges of a lewd assault upon a child under 16, and use of a child in a sexual performance. The state cross appeals dismissal of two counts of sexual battery.

The reason for issuing a departure sentence was never reduced to writing, and in addition, the reason pronounced orally by the trial judge did not constitute a valid reason for departure.

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