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Ralph GARRISON, Sr.
v.
STATE of Florida
v.
STATE of Florida
No. 88-2231.
District Court of Appeal of Florida, First District.
Oct 19, 1989.
Published opinion
549 So. 2d 1216
1989 Fla. App. LEXIS 5910
1989 WL 124574
Michael E. Allen, Public Defender, and Michael J. Minerva, Asst. Public Defender, Tallahassee, for appellant., Robert A. Butterworth, Atty. Gen., and John M. Koenig, Jr., Asst. Atty. Gen., Tallahassee, for appellee.
Barfield, Booth, Joanos.
Published
PER CURIAM.
This cause is before us on appeal of appellant’s convictions for attempted sexual battery of a child under 12 by a person over 18, lewd assault on a child under 16, and child abuse causing physical or mental injury. After careful consideration of the merits, we affirm. However, appellant correctly argues that the trial court’s departure reason was invalid under Vantassell v. State, 512 So.2d 181 (Fla.1987). Accordingly, we affirm the conviction but remand with directions to sentence appellant within the guidelines.
BOOTH, JOANOS and BARFIELD, JJ., concur.