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DAILEY v. STATE

No. 90-2368.

592 So.2d 805 (1992)

Wilbert E. DAILEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

February 7, 1992.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and James R. Wulchak, Asst. Public Defender, Daytona Beach, and William D. Bush and Allan L. Ziffra, Bush and Ziffra, P.A., Port Orange, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Bonnie Jean Parrish, Asst. Atty. Gen., Daytona Beach, for appellee.

HARRIS, Judge.

Wilbert E. Dailey appeals his conviction and sentence for first degree arson. We affirm the conviction.

We agree with Dailey, however that the trial court erred in imposing a departure sentence without providing written reasons. We reverse on the authority of Ree v. State, 565 So.2d 1329 (Fla. 1990) and remand for resentencing within the guidelines.

AFFIRMED in part; REVERSED in part and REMANDED...

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