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.
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.