
    STATE of Florida, Petitioner, v. Donald SOLOMON, Respondent.
    No. 93188.
    Supreme Court of Florida.
    Oct. 29, 1998.
    Robert A. Butterworth, Attorney General, Celia A. Terenzio, Assistant Attorney General, Chief, West Palm Beach Bureau, and Carol Cobourn Asbury, Assistant Attorney General, West Palm Beach, for Petitioner.
    Richard L. Jorandby, Public Defender, and Karen E. Ehrlich, Assistant Public Defender, Fifteenth Judicial Circuit, West Palm Beach, for Respondent.
   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 must 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.

PARIENTE, Justice,

concurring in part and dissenting in part.

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.  