646 So. 2d 303

Edward RICHARDSON, Appellant, v. STATE of Florida, Appellee.

No. 94-1458.

District Court of Appeal of Florida, Fifth District.

Dec. 22, 1994.

James B. Gibson, Public Defender, and Kenneth Witts, Asst. Public Defender, Day-tona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Lori E. Nelson, Asst. Atty. Gen., Daytona Beach, for appellee.

DIAMANTIS, Judge.

We vacate Edward Richardson’s sentence for possession of cocaine and remand for resentencing on the authority of State v. Davis, 630 So.2d 1059 (Fla.1994); however, because the trial court did not realize that it was imposing a departure sentence, on remand the court may impose a departure sentence as long as proper contemporaneous written reasons are provided. See State v. Betancourt, 552 So.2d 1107, 1108 (Fla.1989); Hicks v. State, 640 So.2d 1221, 1222 (Fla. 5th DCA 1994).1

Convictions AFFIRMED; sentence VACATED; cause REMANDED.

COBB and GOSHORN, JJ., concur.

Richardson v. State
646 So. 2d 303

Case Details

Name
Richardson v. State
Decision Date
Dec 22, 1994
Citations

646 So. 2d 303

Jurisdiction
Florida

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