KIMBERLI JORDAN, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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SHAW, Judge.
We have for review Jordan v. State, 707 So. 2d 816 (Fla. 5th DCA 1998), wherein the district court cited for support Mays v. State, 693 So. 2d 52 (Fla. 5th DCA 1997), which was pending in this Court. We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. We have since approved the district court decision in Mays. See Mays v. State, 717 So. 2d 515 (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 approve the result in Jordan on this issue.1
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 KO-GAN and ANSTEAD, JJ., concur. . We decline to address the other issues raised by Jordan since they were not the basis for our review.
PARIENTE, Judge,
concurring in part and dissenting in part.
I concur in part and dissent in part for the reasons stated in my opinion in Mays v. State, 717 So. 2d 515, 516-19 (Fla.1998) (Par-iente, J., concurring in part and dissenting in part).
KOGAN and ANSTEAD, JJ., concur.
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Floyd v. State, 850 So. 2d 383 (Fla. 2003)…ap in chain of custody is alleged, party seeking to prevent introduction of relevant physical evidence must show a probability of evidence tampering because “[a] mere possibility of tampering is insufficient”) (relying on State v. Taplis), approved, 720 So. 2d 1077 (Fla.1998); Bush v. State, 543 So. 2d 283, 284 (Fla. 2d DCA 1989) (“A mere break in the chain of custody is not in and of itself a basis for exclusion of physical evidence. Rather, the court should consider the probability that the evidence has been…
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STANDARD JURY INSTRUCTIONS-CRIMINAL CASES (99-2), 777 So. 2d 366 (Fla. 2000)…weight that it produces a firm belief or conviction, without hesitation, about the matter in issue. Comment This instruction is based on Florida Standard Jury Instruction (Civil): MI 11 (civil theft). See Standard Jury Instructions — Civil Cases, 720 So. 2d 1077 (Fla.1998). 2.04 WEIGHING THE EVIDENCE It is up to you to decide what evidence is reliable. You should use your common sense in deciding which is the best evidence, and which evidence should not be relied upon in considering your verdict. You may…
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Davis v. State, 788 So. 2d 308 (Fla. 5th DCA 2001)…endant must show there was a probability of tampering with the evidence. A mere possibility of tampering is insufficient. Nieves v. State, 739 So. 2d 125 (Fla. 5th DCA 1999); Jordan v. State, 707 So. 2d 816 (Fla. 5th DCA), approved on other grounds, 720 So. 2d 1077 (Fla.1998); State v. Taplis, 684 So. 2d 214 (Fla. 5th DCA 1996), rev. dismissed, 703 So. 2d 453 (Fla.1997).3 Deputy Casey’s explanation dispelled any clam of tampering with the evidence and it was properly admitted. See Creme v. State, 752 So. 2d 1…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Mays v. State, 717 So. 2d 515 (Fla. 1998)
- Mays v. State, 693 So. 2d 52 (Fla. 5th DCA 1997)
- Kimberli Jordan v. State, 707 So. 2d 816 (Fla. 5th DCA 1998)