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RICHARDSON v. STATE

No. 94-1458.

646 So.2d 303 (1994)

Edward RICHARDSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

December 22, 1994.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Kenneth Witts, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Lori E. Nelson, Asst. Atty. Gen., Daytona Beach, for appellee.

DIAMANTIS, Judge.

We vacate Edward Richardson's sentence for possession of cocaine and remand for resentencing on the authority of State v. Davis, 630 So.2d 1059 (Fla. 1994); however, because the trial court did not realize that it was imposing a departure sentence, on remand the court may impose a departure sentence as long as proper contemporaneous written reasons are provided. See State v. Betancourt,

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