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

PER CURIAM.

The appellant contends, and the state concedes, that the trial court did not comply with the requirements of section 921.0016(1)(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 resentencing within the guidelines.

SENTENCE VACATED and CAUSE REMANDED FOR RESENTENCING.

BOOTH, MINER and MICKLE, JJ., concur.

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HOOKS v. STATE
(Jul 3, 1995)