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STATE v. PAYNE

No. 97-04726.

722 So.2d 836 (1998)

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

District Court of Appeal of Florida, Second District.

October 21, 1998.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Susan D. Dunlevy, Assistant Attorney General, Tampa, for Appellant.

David W. Bauer, Tampa, for Appellee.

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...

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