RAMON MAYSONET, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the appeal was premature because the trial court had not yet completed all judicial labor, specifically resentencing. The appeal is dismissed without prejudice.
Raymond Maysonet filed a motion to correct guideline scoresheet errors, arguing several points were improperly scored. The trial court agreed with one…
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THOMPSON, J.
Raymond Maysonet appeals an order granting in part and denying in part his Florida Rule of Criminal Procedure 3.800(a) motion to correct guideline scoresheet errors. We dismiss without prejudice.
Maysonet contended in his Rule 3.800(a) motion that several sentencing errors occurred: that 40 points for victim injury were improperly scored; that 18 points for use of a firearm were scored in error; and that the primary offense should have been scored as a level 4 offense, rather than a level 8 offense. The trial court found that the victim injury-argument was raised and rejected in the direct appeal and the primary offense was properly scored as a level 8 offense. However, the court agreed that the 18 points for use of a firearm were improperly scored and ordered defendant to be resenteneed at a time to be set by a separate order. Mayso-net immediately appealed rather than wait for the resentencing.
In Smith v. State, 703 So. 2d 1165 (Fla. 5th DCA 1997), a similar case, the defendant appealed an order denying four claims in a Rule 3.850 motion, but granting an evidentiary hearing on one issue. This court held that since there was still labor to be completed in the trial court, the appeal was premature. Noting that it is not appropriate to deal with a case in a piecemeal fashion, the court dismissed the appeal. See also Gowins v. State, 662 So. 2d 1348 (Fla. 5th DCA 1995) (appeal of order granting in part and denying in part a Rule 3.850 motion dismissed for lack of jurisdiction).
We apply the rule in this case. At the resentencing, the trial court could reconsider the scoring and moot this appeal; or Mayso-net, represented by counsel, could decide not to appeal the new sentence. Regardless, there is additional judicial labor that will occur. Accordingly, this appeal is dismissed, without prejudice to appeal the new sentence and any scoring errors.
DISMISSED without prejudice.
GRIFFIN, C.J., and ANTOON, J., concur.
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Kirby v. State, 932 So. 2d 555 (Fla. 5th DCA 2006)…PER CURIAM. DISMISSED. See Maysonet v. State, 722 So. 2d 230 (Fla. 5th DCA 1998). PLEUS, C.J., SHARP, W., and SAWAYA, JJ., concur.…
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Morgan v. State (Fla. 2d DCA 2020)…e of Simmons, and in reliance on it, the Fourth District issued Jones v. State, 279 So. 3d 172 (Fla. 4th DCA 2019). The Fifth District has also followed Simmons. See Magill v. State, 287 So. 3d 1262 (Fla. 5th DCA 2019). But see Maysonet v. State, 722 So. 2d 230, 231 (Fla. 5th DCA 1998) (dismissing appeal from order granting in part and denying in part rule 3.800(a) motion where resentencing had not occurred and concluding that "there is additional judicial labor that will occur"). This court has held that…
Authorities Cited
- M.K.L. v. State, 662 So. 2d 1348 (Fla. 2d DCA 1995)
- Smith v. State, 703 So. 2d 1165 (Fla. 5th DCA 1997)