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640 So. 2d 1221

Docket No. 93-2658.

Hicks v. State

Eric A. HICKS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida · decided 1994-08-05

Relies on 552 So. 2d 1107 - State v. Betancourt · 630 So. 2d 1059 - State v. Davis

Decided 1994-08-05

¶1James B. Gibson, Public Defender, and M.A. Lucas, Asst. Public Defender, Daytona Beach, for appellant.

¶2*1222 Robert A. Butterworth, Atty. Gen., Tallahassee, and Robin Compton Jones, Asst. Atty. Gen., Daytona Beach, for appellee.

¶3DIAMANTIS, Judge.

¶4We affirm Eric A. Hicks' convictions for possession of cocaine and carrying a concealed weapon; however, we must vacate Hicks' sentences on the authority of State v. Davis, 630 So.2d 1059 (Fla. 1994), which was decided subsequent to the imposition of sentence in this case. 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, 552 So.2d 1107 (Fla. 1989).

¶5Convictions AFFIRMED; sentences VACATED and cause REMANDED.

¶6DAUKSCH and COBB, JJ., concur.

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