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STATE v. SCOTT

No. 92-139.

608 So.2d 943 (1992)

STATE of Florida, Appellant, v. Benjamin SCOTT, Appellee.

District Court of Appeal of Florida, Fifth District.

December 4, 1992.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee and Judy Taylor Rush, Asst. Atty. Gen., Daytona Beach, for appellant.

James B. Gibson, Public Defender, and James T. Cook, Asst. Public Defender, Daytona Beach, for appellee.

HARRIS, Judge.

The State appeals a downward departure sentence entered against Benjamin Scott because the court failed to give contemporaneous reasons for departure. We reverse. Anderson v. State, 595 So.2d 290 (Fla. 5th DCA 1992).

We remand for resentencing within the guidelines. Pope v. State, 561 So.2d 554 (Fla. 1990).

REVERSED and REMANDED.

GOSHORN, C...

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