Opinion
No. 92880.
October 29, 1998.
Application for Review of the Decision of the District Court of Appeal — Certified Direct Conflict Fourth District — No. 97-0469 (St. Lucie County).
Robert A. Butterworth, Attorney General, Celia A. Terenzio, Assistant Attorney General, Chief, West Palm Beach Bureau, and James J. Carney, Assistant Attorney General, West Palm Beach, for Petitioner.
Richard L. Jorandby, Public Defender, and Susan D. Cline, Assistant Public Defender, Fifteenth Judicial Circuit, West Palm Beach, for Respondent.
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.
We decline to address the other issue raised by Hindenach since it was not the basis for our review.
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.
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.