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HOOKS v. STATE

No. 95-396.

656 So.2d 624 (1995)

Avery HOOKS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

July 3, 1995.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender; P. Douglas Brinkmeyer, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen.; Daniel A. David, Asst. Atty. Gen., Tallahassee, for appellee.

PER CURIAM.

The appellant contends, and the state concedes, that the trial court did not comply with the requirements of section 921.0016(1)(c), Florida Statutes, and Florida Rule of Criminal Procedure 3.702(d)(18)(A), in imposing an upward departure sentence. We vacate the sentence and remand for resentencing within the guidelines.

SENTENCE VACATED and CAUSE REMANDED FOR RESENTENCING.

BOOTH, MINER and MICKLE...

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