STATE v. FISHER

No. 97-0815.

700 So.2d 1253 (1997)

STATE of Florida, Appellant, v. Maurice FISHER, Appellee.

District Court of Appeal of Florida, Fourth District.

November 5, 1997.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Jeanine M. Germanowicz, Assistant Attorney General, West Palm Beach, for appellant.

Richard L. Jorandby, Public Defender, and Tatjana Ostapoff, Assistant Public Defender, West Palm Beach, for appellee.


WARNER, Judge.

The state appeals the trial court's imposition of appellee's downward departure sentence for possession of cocaine with intent to deliver or sell. The court departed based on Barbera v. State, 505 So.2d 413 (Fla.1987), receded from on other grounds, Pope v. State, 561 So.2d 554 (Fla.1990). The appellee testified at the sentencing hearing that he was under the influence...

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