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State v. Payne

District Court of Appeal of Florida, Second District
Oct 21, 1998
722 So. 2d 836 (Fla. Dist. Ct. App. 1998)

Opinion

No. 97-04726.

October 21, 1998.

Appeal from the Circuit Court, Pinellas County, Raymond O. Gross, J.

Robert A. Butterworth, Attorney General, Tallahassee, and Susan D. Dunlevy, Assistant Attorney General, Tampa, for Appellant.

David W. Bauer, Tampa, for Appellee.


The State appeals from the trial court's order granting Vincent Payne's motion for postconviction relief under Florida Rule of Criminal Procedure 3.800(a). In the motion, Payne requested that he be resentenced for DUI with serious bodily injury under a corrected scoresheet which did not include points for victim injury, citing Thornton v. State, 683 So.2d 515 (Fla. 2d DCA 1996). We dismiss for lack of jurisdiction. Until Payne is resentenced, the case is not ripe for review by direct appeal or by petition for writ of common law certiorari. For purposes of resentencing, we note that this court receded from Thornton in Wendt v. State, 711 So.2d 1166 (Fla. 2d DCA 1998) (holding that the trial court correctly included victim injury points on Wendt's scoresheet when sentencing him for DUI manslaughter and DUI with serious bodily injury).

Appeal dismissed.

NORTHCUTT and SALCINES, JJ., concur.


Summaries of

State v. Payne

District Court of Appeal of Florida, Second District
Oct 21, 1998
722 So. 2d 836 (Fla. Dist. Ct. App. 1998)
Case details for

State v. Payne

Case Details

Full title:STATE of Florida, Appellant v. Vincent Lee PAYNE, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Oct 21, 1998

Citations

722 So. 2d 836 (Fla. Dist. Ct. App. 1998)