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511 So. 2d 766

511 So.2d 766

12 Fla.L.Weekly 2113

Gladden v. State

District Court of Appeal of Florida

Decided September 2, 1987

District Court of Appeal of Florida · decided 1987-09-02

Relies on 476 So. 2d 158 - Albritton v. State · 486 So. 2d 61 - Campbell v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1987-09-02

How this case has been cited

Cited by 5 later decisions — most recently March 2014

5 state decisions

301987199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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PER CURIAM.

¶1The 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.

¶2Accordingly, 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.

¶3REVERSED AND REMANDED, with directions.

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