Jordan v. State, 92702

Citation720 So.2d 1077
Decision Date08 October 1998
Docket NumberNo. 92702,92702
Parties23 Fla. L. Weekly S535 Kimberli JORDAN, Petitioner, v. STATE of Florida, Respondent.
CourtUnited States State Supreme Court of Florida

Application for Review of the Decision of the District Court of Appeal--Direct Conflict of Decisions Fifth District--Case No. 96-3589 (St. Johns County).

James B. Gibson, Public Defender, and Brynn Newton, Assistant Public Defender, Seventh Judicial Circuit, Daytona Beach, for Petitioner.

Robert A. Butterworth, Attorney General, and Lori E. Nelson, Assistant Attorney General, Daytona Beach, for Respondent.

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 KOGAN and ANSTEAD, JJ., concur.

PARIENTE, Judge, concurring in part and dissenting in part.

I concur in part and dissent in part for the reasons stated in my opinion in Mays v. State, 717 So.2d 515, 516-19 (Fla.1998) (Pariente, J., concurring in part and dissenting in part).

KOGAN and ANSTEAD, JJ., concur.

1 We decline to address the other issues raised by Jordan since they were not the basis for our review.

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  • Johnson v. Fla. Dep't of Corr.
    • United States
    • U.S. District Court — Northern District of Florida
    • 18 Julio 2018
    ......§ 2254 (ECF No. 1). Respondent filed an answer and relevant portions of the state court record (ECF No. 19). Petitioner filed a reply (ECF No. 21).         The case was ... record does not demonstrate that there was a probability of tampering with the evidence."); Jordan v. State , 707 So. 2d 816, 818 (Fla. 5th DCA Page 48 1998) (when gap in chain of custody is ......
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    ...to defend and must be determined by analyzing the policy coverages in light of the actual facts in the underlying case. CTC Dev. Corp., 720 So.2d at 1077 n. 3 (citing Hagen v. Aetna Cas. & Sur. Co., 675 So.2d 963, 965 (Fla. 5th DCA 1996)); see also, e.g., Auto Owners Ins. Co. v. Travelers C......
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    • United States
    • U.S. District Court — Northern District of Florida
    • 30 Agosto 2023
    ...... .          On. February 16, 2022, Petitioner Ethan Anderson, a state inmate. represented by counsel, filed a petition for writ of habeas. corpus pursuant to ... Nieves v. State , 739 So.2d 125 (Fla. 5th DCA 1999);. Jordan v. State , 707 So.2d 816 (Fla. 5th DCA),. approved on other grounds , 720 So.2d 1077 (Fla. ......
  • Floyd v. State
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    • United States State Supreme Court of Florida
    • 22 Agosto 2002
    ......) (party attempting to exclude relevant physical evidence based on gap in chain of custody must show probability of tampering); see also Jordan v. State, 707 So.2d 816, 818 (Fla. 5th DCA 1998) (when gap in chain of custody is alleged, party seeking to prevent introduction of relevant ......
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