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STATE v. JOHNSON

No. 89-2960.

573 So.2d 127 (1991)

STATE of Florida, Appellant, v. Timothy JOHNSON, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied February 1, 1991.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Georgina Jimenez-Orosa, West Palm Beach, for appellant.

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

PER CURIAM.

The state appeals a downward departure from the sentencing guidelines.

In Barbera v. State, 505 So.2d 413 (Fla. 1987), receded from on other grounds, Pope v. State, 561 So.2d 554 (Fla. 1990), the supreme court recognized that intoxication or substance abuse can justify a downward departure from the recommended sentencing guidelines, stating:

We do not...

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