State v. Fields

The State appeals a downward departure sentence imposed on Jamie Fields, defendant below.

*982Defendant pled no contest to robbery with a weapon and use of a weapon in commission of a felony. The trial court imposed a downward departure sentence of 364 days incarceration, followed by 18 months probation, in lieu of the 9 to 12 years guidelines range. One of the court’s two reasons for departure was: “drug problem contributing to offense and amenable to treatment....”

While the stated reason can be a valid basis for a downward departure sentence,

substance abuse, standing alone, cannot justify a…