State v. Hull

The state contends in these appeals that upon convictions for four separate crimes calling statutorily for fifteen years maximum sentences, the trial court was required to run the sentences consecutively because of the guideline recommendation, notwithstanding Section 721.16(1), Florida Statutes (1987). Citing Branam v. State, 540 So.2d 158 (Fla. 2d DCA 1989), we disagree. When the recommended guideline sentence exceeds the statutory maximum, the statute for the particular crime controls. See State v. Thomas, 528 So.2d 1274 (Fla. 3d DCA 1988). We recognize the conflict and decline to follow…