STATE OF FLORIDA, APPELLANT,
v.
JOHNNY GLASPER, APPELLEE
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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 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.
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Citator
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State v. Forbes, 536 So. 2d 356 (Fla. 3d DCA 1988)…endant to one year in the county stockade so that he could participate in a drug rehabilitation program conducted at the stockade. State v. Sachs, 526 So. 2d 48 (Fla.1988); State v. Morales, 522 So. 2d 464, 465 (Fla. 4th DCA 1988); State v. Glasper, 506 So. 2d 480 (Fla. 4th DCA 1987); State v. Rodriguez, 496 So. 2d 240 (Fla. 3d DCA 1986); State v. Twelves, 463 So. 2d 493 (Fla. 2d DCA 1985). Second, we agree that the small amount of cocaine involved in this case was an insufficient reason for departing from…
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State v. Duffer, 509 So. 2d 1326 (Fla. 2d DCA 1987)…ositive influence on him, they plan to marry, and the court feels that this is the kind of stable relationship necessary to the Defendant. The fact that Duffer plans to marry is not a clear and convincing reason for departure. See State v. Glasper, 506 So. 2d 480 (Fla. 4th DCA 1987). Similarly, a defendant’s “stable environment” is an invalid ground upon which to base a departure. Taylor. For the foregoing reasons, we vacate the sentence and remand for resentencing within the guidelines. Although we hold th…
Authorities Cited
- Barbera v. State, 505 So. 2d 413 (Fla. 1987)
- State v. Collins, 482 So. 2d 388 (Fla. 5th DCA 1985)
- State v. Taylor, 482 So. 2d 578 (Fla. 5th DCA 1986)
- State v. Daughtry, 505 So. 2d 537 (Fla. 4th DCA 1987)