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Dailey v. State

District Court of Appeal of Florida, Fifth District
Feb 7, 1992
592 So. 2d 805 (Fla. Dist. Ct. App. 1992)

Opinion

No. 90-2368.

February 7, 1992.

Appeal from the Circuit Court for Volusia County; Robert P. Miller, Judge.

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.


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.

COWART and DIAMANTIS, JJ., concur.


Summaries of

Dailey v. State

District Court of Appeal of Florida, Fifth District
Feb 7, 1992
592 So. 2d 805 (Fla. Dist. Ct. App. 1992)
Case details for

Dailey v. State

Case Details

Full title:WILBERT E. DAILEY, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: Feb 7, 1992

Citations

592 So. 2d 805 (Fla. Dist. Ct. App. 1992)