STATE OF FLORIDA, APPELLANT,
v.
VINCENT LEE PAYNE, APPELLEE
Explore caselaw by topic → Browse Ripeness For Review cases and more on FLexlaw
PATTERSON, Acting Chief Judge.
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 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 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
More Co., Inc. v. Sunrise AIR, Inc., 757 So. 2d 517 (Fla. 3d DCA 2000)…Inc. alleging breach of contract, the contract’s forum selectibn provision applies. The forum selection clause provides that any claims be brought in Nevada; therefore, Florida is not the proper forum for this suit. See Amedex Int’l Corp. v. Marino, 722 So. 2d 836, 838 (Fla. 3d DCA 1998) (holding that claims against a foreign insurer “were properly dismissed under the policies’ forum selection clauses”). We reverse and direct the trial court to dismiss this action. REVERSED and REMANDED.…
Authorities Cited
- AETNA Cas. & Sur. Co. v. First Union Nat'l Bank of Fla., 711 So. 2d 1166 (Fla. 3d DCA 1998)
- Major Thornton v. State, 683 So. 2d 515 (Fla. 2d DCA 1996)