District Court of Appeal of Florida December 11, 1998, No. 97-3171 (Baker v. State)

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United States · · · 11-12-1998

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.

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