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BAKER v. STATE

No. 97-3171.

723 So.2d 338 (1998)

Bradley J. BAKER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

December 11, 1998.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Brynn Newton, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Simone P. Firley, Assistant Attorney General, Daytona Beach, for Appellee.

W. SHARP, Judge.

Baker appeals from his sentence of 15 years in prison after having been convicted of one count of lewd and lascivious act upon a child.1 In imposing the departure sentence2 the trial judge gave three written reasons, which we find are not supported by the record in this case. Thus we vacate the sentence and remand for resentencing pursuant to the guidelines.3

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