State v. Glasper

506 So. 2d 480 | Fla. Dist. Ct. App. | 1987

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 and 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.