Maysonet v. State
Maysonet v. State
Opinion of the Court
Maysonet, although charged with attempted first degree murder, attempted robbery with a firearm, and shooting within an occupied vehicle, was convicted only of the robbery charge and the lesser included improper display of a firearm under the attempted murder charge. On appeal, Maysonet raises various sentencing errors: (1) since he was determined by the jury not to have been the shooter, the assessment of victim injury points was improper; (2) although the issue is admittedly not preserved, the court improperly assessed points for the use of a
On Maysonet’s first point, we agree with Johnson v. State, 583 So.2d 386 (Fla. 1st DCA 1991), that since Maysonet participated in the attempted armed robbery, he cannot escape responsibility for the victim’s injuries merely because he was not the one who inflicted them.
On Maysonet’s second point, since he did not preserve the error for review and because his sentence is not illegal, we refuse to consider the issue. See Wright v. State, 636 So.2d 534 (Fla. 5th DCA 1994).
AFFIRMED but REMANDED for the court to consider the discrepancy between the court reporter’s notes and the judgment and for appropriate action.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.