State v. Johnson

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 ... agree with the district court that intoxication or substance abuse cannot be a clear and convincing reason for a downward departure. The defense of intoxication could be used by a jury to justify convicting a defendant of a lesser offense. If a…