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State v. Glasper
506 So. 2d 480
Fla. Dist. Ct. App.
1987
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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.

Case Details

Case Name: State v. Glasper
Court Name: District Court of Appeal of Florida
Date Published: May 6, 1987
Citation: 506 So. 2d 480
Docket Number: No. 4-86-1042
Court Abbreviation: Fla. Dist. Ct. App.
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