Legal Opinion

State v. Hunter

District Court of Appeal of Florida

Decided October 21, 1992No. 92-0734PublishedCited by 1 opinion

1Per curiam

We affirm. The record in this case explicitly demonstrates that the trial court deviated from the guidelines on the authority of Barbera v. State, 505 So.2d 413 (Fla.1987), a case in which the Florida Supreme Court approved drug addiction as a proper ground for deviating from the sentencing guidelines. In fact, the transcript of the change of plea hearing reflects that the state was the party that suggested the use of Barbera. After an extensive discussion of the defendant’s successful partic*500ipation in a drug rehabilitation program, the court indicated it wanted to give him an opportunity to…

2Cases cited3 opinions

  1. Smith v. StateSupreme Court of Florida · 1992
  2. Barbera v. StateSupreme Court of Florida · 1987
  3. State v. SalleyDistrict Court of Appeal of Florida · 1992

3Cited by1 opinion

  1. State v. HunterDistrict Court of Appeal of Florida · 1992

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