State v. Solomon

Supreme Court of Florida

State v. Solomon

720 So. 2d 241, 23 Fla. L. Weekly Supp. 572, 1998 Fla. LEXIS 2104, 1998 WL 750920

CourtSupreme Court of Florida

DecidedOctober 29, 1998

DocketNo. 93188

StatusPublished

This text of 720 So. 2d 241 (State v. Solomon) 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.

Bluebook

State v. Solomon, 720 So. 2d 241, 23 Fla. L. Weekly Supp. 572, 1998 Fla. LEXIS 2104, 1998 WL 750920 (Fla. 1998).

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Opinions

SHAW, Justice.

We have for review Solomon v. State, 720 So.2d 1084 (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 [242]*242must be imposed). Accordingly, we quash Solomon.

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.

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