Wilkins v. State
Wilkins v. State
Opinion of the Court
We have for review Wilkins v. State, 693 So.2d 62 (Fla. 5th DCA 1997), based on conflict with Myers v. State, 696 So.2d 893 (Fla. 4th DCA 1997). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. We approve the result in Wilkins as explained below.
Robert Wilkins pled guilty to vehicular homicide based on an accident that took place February 12,1994. His median recommended sentence
We addressed this issue in Mays v. State, No. 90,826, — So.2d - (Fla. July 16, 1998), wherein we construed the 1994 amendment to the sentencing guidelines. We held that if the guidelines sentence — i.e., the “true” recommended guidelines sentence— exceeds the statutory maximum, the court is authorized to impose the guidelines sentence. In the present case, the “true” recommended guidelines sentence, i.e., 85 months, exceeds the statutory maximum, i.e., 60 months. The court thus was authorized to impose the
It is so ordered.
. See § 921.0014, Fla. Stat. (1993) (explaining that the median recommended sentence is equal to "total sentence points minus 28”).
Concurring in Part
concurring in part and dissenting in part.
For the reasons expressed in my concurring in part and dissenting in part opinion in Mays v. State, No. 90,826, — So.2d — (Fla. July 16, 1998), I concur in part and dissent in part. Accordingly, in my opinion, the maximum sentence the trial court could impose beyond the 60 month statutory maximum was 74.2 months, which was the “recommended sentence” based on scoresheet calculations.
KOGAN and ANSTEAD, JJ., concur.
Reference
- Full Case Name
- Robert WILKINS v. STATE of Florida
- Cited By
- 3 cases
- Status
- Published