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HODGES v. STATE

No. 94-500.

645 So.2d 115 (1994)

Bobby HODGES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

November 10, 1994.

Attorney(s) appearing for the Case

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.

PER CURIAM.

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...

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