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.