Hicks v. State, 640 So. 2d 1221

DIAMANTIS, Judge.

We 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).

Convictions AFFIRMED; sentences VACATED and cause REMANDED.

DAUKSCH and COBB, JJ., concur.

Case Details

Case Name: Hicks v. State

Court Name: District Court of Appeal of Florida

Date Published: Aug 5, 1994

Citations: 640 So. 2d 1221; 1994 WL 406633; 93-2658

Docket Number: 93-2658

Court Abbreviation: Fla. Dist. Ct. App.