STATE v. BARBERA

No. 85-2126.

487 So.2d 1184 (1986)

STATE of Florida, Appellant, v. James Patrick BARBERA, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied May 22, 1986.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee and Noel A. Pelella, Asst. Atty. Gen., West Palm Beach, for appellant.

Richard L. Jorandby, Public Defender and Jeffrey Anderson, Asst. Public Defender, West Palm Beach, for appellee.


LETTS, Judge.

The State here appeals the decision of the trial judge to depart downward from the sentencing guidelines. We reverse.

The defendant pled guilty to the attempted murder of his ex-wife. He had consumed a whole case of beer, after which he stabbed her. A psychological report concluded that the defendant had an alcoholic personality and certain destructive behavioral traits common to alcoholics. The report also said that the defendant was "severely...

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