ERIC A. HICKS, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Richardson v. State, 646 So. 2d 303 (Fla. 5th DCA 1994)
  …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. . We note that the trial court also ordered Richardson to pay $60 to First Step of Volusia County without citing any statutory…
• Garaguso v. State, 648 So. 2d 327 (Fla. 5th DCA 1995)
  …not exceed the maximum allowable period of time permitted by the guidelines. State v. Davis, 630 So. 2d 1059 (Fla.1994); Felty v. State, 630 So. 2d 1092 (Fla.1994). Accordingly, we quash the sentence and remand for resentencing. See Hicks v. State, 640 So. 2d 1221 (Fla. 5th DCA 1994); Brown v. State, 639 So. 2d 1136 (Fla. 5th DCA 1994). AFFIRMED in part; SENTENCE QUASHED; REMANDED for resentencing. GOSHORN and DIAMANTIS, JJ., concur.…
• Gordon v. State, 649 So. 2d 326 (Fla. 5th DCA 1995)
  …did not realize that it was imposing a departure sentence, on remand the trial court may impose a departure sentence if valid contemporaneous written reasons are provided. See State v. Betancourt, 552 So. 2d 1107, 1108-09 (Fla.1989); Hicks v. State, 640 So. 2d 1221, 1222 (Fla. 5th DCA 1994). Alternatively, the trial court may bump up Gordon’s sentence one cell for each of the violations of probation, for a total of two cells; however, as the state properly concedes, Gordon’s sentence may not exceed three years…

Authorities Cited

• State v. Betancourt, 552 So. 2d 1107 (Fla. 1989)
• State v. Davis, 630 So. 2d 1059 (Fla. 1994)