State v. Delgado

The State of Florida appeals the trial court’s reduction of a statutorily mandated $50,000 fine for trafficking in cocaine in an amount of 28 grams or more. See § 893.135(1)(b)1., Fla. Stat. (1997). After he pled nolo contendere to one count of possession of cocaine in an amount of 28 grams or more, appellee moved for a downward departure sentence 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). Appellee alleged that he lacked any prior criminal history and was addicted to cocaine. The trial court ordered a downward…