Jordan v. State

Supreme Court of Florida

Jordan v. State

720 So. 2d 1077, 23 Fla. L. Weekly Supp. 535, 1998 Fla. LEXIS 1900, 1998 WL 696965

CourtSupreme Court of Florida

DecidedOctober 8, 1998

DocketNo. 92702

StatusPublished

Cited by2 cases

This text of 720 So. 2d 1077 (Jordan v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Jordan v. State, 720 So. 2d 1077, 23 Fla. L. Weekly Supp. 535, 1998 Fla. LEXIS 1900, 1998 WL 696965 (Fla. 1998).

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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.

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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.

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720 So. 2d 1077, 23 Fla. L. Weekly Supp. 535, 1998 Fla. LEXIS 1900, 1998 WL 696965, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jordan-v-state-fla-1998.

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