Benn v. State

Full title: ORSON W. BENN, Appellant, v. STATE OF FLORIDA, Appellee.

Court: DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT

Date published: Dec 28, 2011

Case No. 2D11-984 (Fla. Dist. Ct. App. Dec. 28, 2011)

Opinion

Case No. 2D11-984

12-28-2011

ORSON W. BENN, Appellant, v. STATE OF FLORIDA, Appellee.

Henry E. Marines of Law Offices of Henry E. Marines, P.A., Miami, for Appellant.

MORRIS

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING

MOTION AND, IF FILED, DETERMINED

Appeal pursuant to Fla. R. App. P.

9.141(b)(2) from the Circuit Court for Polk

County; John K. Stargel, Judge.

Henry E. Marines of Law Offices of Henry E.

Marines, P.A., Miami, for Appellant.
MORRIS, Judge.

Orson W. Benn appeals the summary dismissal of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The postconviction court mistakenly found that the State did not amend the information to remove the construction fraud counts after the defense moved for a judgment of acquittal. Despite this error, Benn's motion is ultimately without merit. Therefore, we affirm the order of dismissal.

Affirmed. VILLANTI and KHOUZAM, JJ., Concur.