Public-domain · open source
OpenJurist

645 So. 2d 115

Hodges v. State

District Court of Appeal of Florida

Decided November 10, 1994

District Court of Appeal of Florida · decided 1994-11-10

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

Decided 1994-11-10

PER CURIAM.

¶1We affirm Bobby Hodges’ convictions; however, we must vacate Hodges’ sentences *116on the authority of State v. Davis, 630 So.2d 1059 (Fla.1994). 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).

¶2Convictions AFFIRMED; sentences VACATED and cause REMANDED.

GOSHORN, PETERSON and GRIFFIN, JJ., concur.
/645/so2d/115 · .json · Public domain