Opinion
No. 92,769.
January 14, 1999.
Application for Review of the Decision of the District Court of Appeal — Certified Direct Conflict of Decisions; Fourth District — Case No. 96-3406; (Broward County).
Robert A. Butterworth, Attorney General, Celia A. Terenzio, Assistant Attorney General, Bureau Chief, and Jeanine M. Germanowicz, Assistant Attorney General, West Palm Beach, Florida, for Petitioner.
Richard L. Jorandby, Public Defender, and Jeffrey L. Anderson, Assistant Public Defender, Fifteenth Judicial Circuit, West Palm Beach, Florida, for Respondent.
We have for review O'Neal v. State, 707 So.2d 1190 (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 (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 O'Neal.
We decline to address the other issue raised by O'Neal since it was not the basis for our review.
It is so ordered.
HARDING, C.J., WELLS, J., and OVERTON, Senior Justice, concur.
PARIENTE, J., concurs in part and dissents in part with an opinion, in which ANSTEAD, J., and KOGAN, Senior Justice, concur.
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) (Pariente, J., concurring in part and dissenting in part).
ANSTEAD, J., and KOGAN, Senior Justice, concur.