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573 So. 2d 201

Paige v. State

District Court of Appeal of Florida

Decided January 25, 1991

District Court of Appeal of Florida · decided 1991-01-25

Relies on 561 So. 2d 554 - Pope v. State · 567 So. 2d 425 - Wilson v. State

Decided 1991-01-25

PER CURIAM.

¶1Paige challenges the departure sentence imposed after his entry of a nolo conten-dere 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.

¶2The 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. Wilson v. State, 567 So.2d 425 (Fla.1990). We, therefore, vacate the sentence and remand for resentencing within the guidelines. Pope v. State, 561 So.2d 554 (Fla.1990). We also find that the trial judge did not err in dismissing the sexual battery counts, and affirm the decision challenged on cross appeal.

SMITH, BARFIELD and WOLF, JJ., concur.
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