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Hodges v. State

District Court of Appeal of Florida, Fifth District
Nov 10, 1994
645 So. 2d 115 (Fla. Dist. Ct. App. 1994)

Opinion

No. 94-500.

November 10, 1994.

Appeal from the Circuit Court, Volusia County, John W. Watson, III, J.

James B. Gibson, Public Defender, and Lyle Hitchens, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Kristen L. Davenport, Asst. Atty. Gen., Daytona Beach, for appellee.


We affirm Bobby Hodges' convictions; however, we must vacate Hodges' sentences on the authority of State v. Davis, 630 So.2d 1059 (Fla. 1994). Because the trial court did not realize that it was imposing a departure sentence, on remand, the court can impose a departure sentence as long as proper contemporaneous written reasons are provided. See State v. Betancourt, 552 So.2d 1107 (Fla. 1989).

Convictions AFFIRMED; sentences VACATED and cause REMANDED.

GOSHORN, PETERSON and GRIFFIN, JJ., concur.


Summaries of

Hodges v. State

District Court of Appeal of Florida, Fifth District
Nov 10, 1994
645 So. 2d 115 (Fla. Dist. Ct. App. 1994)
Case details for

Hodges v. State

Case Details

Full title:BOBBY HODGES, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: Nov 10, 1994

Citations

645 So. 2d 115 (Fla. Dist. Ct. App. 1994)