STATE OF FLORIDA, PETITIONER,
v.
JOHN HINDENACH, RESPONDENT
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SHAW, Justice.
We have for review Hindenach v. State, 708 So. 2d 336 (Fla. 4th DCA 1998), wherein the district court certified conflict with Mays v. State, 693 So. 2d 52 (Fla. 5th DCA 1997). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We have since approved the district court decision in Mays. See Mays v. State, 717 So. 2d 515, 23 Fla. L. Weekly S387 (Fla.1998) (holding that under section 921.001(5), Florida Statutes (1995), if the “true” recommended guidelines sentence exceeds the statutory maximum, the guidelines sentence must be imposed). Accordingly, we quash Hindenach,
It is so ordered.
HARDING, C.J., and OVERTON and WELLS, JJ., concur. PARIENTE, J., concurs in part and dissents in part with an opinion, in which KOGAN and ANSTEAD, JJ., concur. . We decline to address the other issue raised by Hindenach since it was not the basis for our review.
PARIENTE, Justice,
concurring in part and dissenting in part.
I concur in part and dissent in part for the reasons expressed in my opinion in Mays v. State, 717 So. 2d 515, 23 Fla. L. Weekly S387, S387-89 (Fla.1998) (Pariente, J., concurring in part and dissenting in part).
KOGAN and ANSTEAD, JJ., concur.
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Citator
Cited By
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Hindenach v. State, 807 So. 2d 739 (Fla. 4th DCA 2002)…8). The state filed a Notice of Discretionary Review with the supreme court which was granted and on review, the supreme court quashed this court’s decision relying on its decision in Mays v. State, 717 So. 2d 515 (Fla.1998). See State v. Hindenach, 720 So. 2d 242 (Fla.1998). Pursuant to the supreme court’s decision, this court issued a mandate affirming appellant’s conviction and sentence. On July 12, 2000, appellant filed a motion to correct illegal sentence in the trial court under Florida Rule of Crimina…
Authorities Cited
- Mays v. State, 717 So. 2d 515 (Fla. 1998)
- Mays v. State, 693 So. 2d 52 (Fla. 5th DCA 1997)
- Hindenach v. State, 708 So. 2d 336 (Fla. 4th DCA 1998)