STATE v. PAYNE (1998)

District Court of Appeal of Florida,Second District.

STATE of Florida, Appellant, v. Vincent Lee PAYNE, Appellee.

No. 97-04726.

Decided: October 21, 1998

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.

PATTERSON, Acting Chief Judge.

NORTHCUTT and SALCINES, JJ., concur.

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