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DAVIS v. STATE

No. 4D01-202.

791 So.2d 1137 (2001)

Adrian DAVIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Opinion on Certification of Conflict July 11, 2001.

Attorney(s) appearing for the Case

Adrian Davis, Belle Glade, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Daniel P. Hyndman, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

We reverse and remand for a determination of whether it can be shown that the trial court would have imposed the same 1995 guidelines departure sentence under the 1994 guidelines. See Lemon v. State, 769 So.2d 417 (Fla. 4th DCA 2000). If such showing cannot be made, then resentencing is required under Heggs v. State, 759 So.2d 620 (Fla.2000).

STEVENSON, GROSS...

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