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Florida District Courts of Appeal, 1994

Hodges v. State

Hodges v. State
Florida District Courts of Appeal · Decided November 10, 1994 · Goshorn, Griffin, Peterson
645 So. 2d 115; 1994 Fla. App. LEXIS 10838; 1994 WL 627378 (Southern Reporter, Second Series)

Hodges v. State

Opinion of the Court

PER CURIAM.

We 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).

Convictions AFFIRMED; sentences VACATED and cause REMANDED.

GOSHORN, PETERSON and GRIFFIN, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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