Grant v. State

Full title: DANIEL GRANT, JR., Appellant, v. THE STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Mar 21, 2001

779 So. 2d 669 (Fla. Dist. Ct. App. 2001)

Opinion

No. 3D00-2411.

Opinion filed March 21, 2001.

An appeal under Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Dade County, Jerald Bagley, Judge. Lower Tribunal No. 86-33099.

Affirmed.¹

1 After defendant-appellant Grant filed his notice of appeal, he filed a motion in the trial court to dismiss his Rule 3.800 motion without prejudice, and the trial court granted the motion. Because jurisdiction had already vested in this court, the attempted dismissal in the trial court was a nullity.

Daniel Grant, Jr., in proper person. Robert A. Butterworth, Attorney General, and Mark Rosenblatt, Assistant Attorney General, for appellee.

Before Cope, Fletcher and Sorondo, JJ.

PER CURIAM.

Daniel Grant, Jr., appeals an order denying his motion to correct scoresheet error under Florida Rule of Criminal Procedure 3.800(a). He contends that legal constraint points should not have been included on his scoresheet. We disagree and affirm the trial court order. This court has already held that the assessment of legal constraint points was proper in this case. Grant v. State, 547 So.2d 952, 952 n. 1 (Fla. 3d DCA 1989).