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468 So. 2d 458

468 So.2d 458

10 Fla.L.Weekly 1150

Johnson v. State

District Court of Appeal of Florida · decided 1985-05-07

Relies on 448 So. 2d 1013 - State v. Rhoden · 462 So. 2d 452 - Walker v. State

Decided 1985-05-07

PER CURIAM.

¶1We reverse the sentence imposed in this cause and remand to the trial court for resentencing according to the guidelines for the reason that it is clear from the record, and appellee so admits, that appellant was not given notice, as required by section 775.084, Florida Statutes (1983), that an enhancement hearing would take place. This issue was not waived for appellate purposes by appellant’s failure to make a contemporaneous objection. Walker v. State, 462 So.2d 452 (Fla.1985); State v. Rhoden, 448 So.2d 1013 (Fla.1984).

¶2Reversed and remanded.

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