AVERY HOOKS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1995-07-03
No. 95-396
BOOTH, MINER and MICKLE, JJ., concur.
656 So. 2d 624 Florida District Court of Appeal, First District (1995) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The appellant contends, and the state concedes, that the trial court did not comply with the requirements of section 921.0016(l)(c), Florida Statutes, and Florida Rule of Criminal Procedure 3.702(d)(18)(A), in imposing an upward departure sentence. We vacate the sentence and remand for re-sentencing within the guidelines. SENTENCE VACATED and CAUSE REMANDED FOR RESENTENCING.

BOOTH, MINER and MICKLE, JJ., concur.


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  • Evans v. State, 696 So. 2d 368 (Fla. 1st DCA 1996)
    …hat written reasons supporting departures be timely filed.1 See State v. Colbert, 660 So. 2d 701 (Fla.1995); Ree v. State, 565 So. 2d 1329 (Fla.1990); State v. Pease, 669 So. 2d 314 (Fla. 1st DCA 1996) (on motion for clarification); Hooks v. State, 656 So. 2d 624 (Fla. 1st DCA 1995); Wilcox v. State, 664 So. 2d 55 (Fla. 5th DCA 1995). [*369] REVERSED and REMANDED for resen-tencing. ERVIN, WEBSTER and MICKLE, JJ., concur. . We are cognizant that our decision appears to conflict with that rendered by the…

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