Florida District Courts of Appeal, 1987

State v. Glasper

Florida District Courts of Appeal · Decided May 6, 1987 · No. 4-86-1042 · Anstead, Dell, Walden

506 So. 2d 480; 12 Fla. L. Weekly 1177; 1987 Fla. App. LEXIS 8044 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

State v. Forbes (Fla. Dist. Ct. App. 1988)
State v. Duffer (Fla. Dist. Ct. App. 1987)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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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