State v. Barbera

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 The report also said that the defendant was “severely withdrawn, undersocialized, passive, dependent, anxious and depressed.” Based on her observations, it was the psychiatrist’s opinion that…