Florida District Courts of Appeal, 1987

State v. Glasper

State v. Glasper
Florida District Courts of Appeal · Decided May 6, 1987 · Anstead, Dell, Walden
506 So. 2d 480; 12 Fla. L. Weekly 1177; 1987 Fla. App. LEXIS 8044 (Southern Reporter, Second Series)

State v. Glasper

Opinion of the Court

PER CURIAM.

Johnny Glasper was convicted of a criminal offense. In the sentencing process, the trial court deviated downward from the sentencing guidelines because:

1. Defendant surrendered himself.
2. Defendant is on drug abuse program.
3. Defendant has married and gotten a job.

We hold that reason No. 1 is not a valid clear and convincing reason. State v. Taylor, 482 So.2d 578 (Fla. 5th DCA 1986); and State v. Collins, 482 So.2d 388 (Fla. 5th DCA 1985).

Reason No. 2 is a valid reason. Barbera v. State, 505 So.2d 413 (Fla. 1987).

Reason No. 3 is not a valid reason. Taylor.

Since we have valid and invalid reasons for the departure and since we cannot determine beyond a reasonable doubt that the deletion of the invalid reasons would not have affected the departure sentence, we reverse and remand for reconsideration *481and resentencing as was done in State v. Daughtry, 505 So.2d 537 (Fla. 4th DCA 1987).

Reversed and remanded.

ANSTEAD, DELL and WALDEN, JJ., concur.

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