Gladden v. State

District Court of Appeal of Florida

Gladden v. State

511 So. 2d 766, 12 Fla. L. Weekly 2113, 1987 Fla. App. LEXIS 10101

CourtDistrict Court of Appeal of Florida

DecidedSeptember 2, 1987

DocketNo. 4-86-1600

StatusPublished

This text of 511 So. 2d 766 (Gladden v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gladden v. State, 511 So. 2d 766, 12 Fla. L. Weekly 2113, 1987 Fla. App. LEXIS 10101 (Fla. Ct. App. 1987).

Pincite

Opinion

PER CURIAM.

The trial court departed from the guidelines in sentencing appellant, setting forth six grounds in support of said departure, numbered “a” through “e,” in its order of July 11, 1986. We hold that only grounds “c” and “e” were valid grounds therefor.

Accordingly, following the dictates of Albritton v. State, 476 So.2d 158 (Fla.1985), and Campbell v. State, 486 So.2d 61 (Fla. 4th DCA 1986), we reverse the sentence and remand the cause to the trial court for resentencing since the state has failed to show beyond a reasonable doubt that the absence of the invalid reasons would not have affected the departure sentence or the extent thereof. See Albritton and Campbell.

REVERSED AND REMANDED, with directions.

DOWNEY, GUNTHER, JJ., and VITALE, LINDA L., Associate Judge, concur.

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