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722 So. 2d 836

State v. Payne

District Court of Appeal of Florida

Decided October 21, 1998

District Court of Appeal of Florida · decided 1998-10-21

Relies on Wendt v. State · 683 So. 2d 515 - Thornton v. State

Decided 1998-10-21

PATTERSON, Acting Chief Judge.

¶1The 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 ease is not ripe for review by direct appeal or by petition for writ of common law certiorari. For purposes of re-sentencing, we note that this court receded from Thorntonin 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).

¶2Appeal dismissed.

NORTHCUTT and SALCINES, JJ., concur.
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