Maysonet v. State
Maysonet v. State
Opinion of the Court
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
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.