Benjamin v. State

District Court of Appeal of Florida

Benjamin v. State

791 So. 2d 554, 2001 Fla. App. LEXIS 10644, 2001 WL 844751

CourtDistrict Court of Appeal of Florida

DecidedJuly 27, 2001

DocketNo. 2D01-955

StatusPublished

This text of 791 So. 2d 554 (Benjamin v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Benjamin v. State, 791 So. 2d 554, 2001 Fla. App. LEXIS 10644, 2001 WL 844751 (Fla. Ct. App. 2001).

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Opinion

PER CURIAM.

John Lester Benjamin appeals the summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.850. Benjamin pleaded guilty to two counts of delivery of cocaine, two counts of possession of cocaine, and one count of possession of drug paraphernalia. He now claims that the search warrant issued in his case was not supported by probable cause and that his counsel was ineffective for failing to file a motion to suppress. We find that the trial court properly denied Benjamin’s rule 3.850 motion because he failed to state a facially sufficient claim. The affidavit submitted in support of the search warrant established probable cause. See State v. Lewis, 605 So.2d 590 (Fla. 2d DCA 1992). Therefore, we affirm.

Affirmed.

BLUE, C.J., and FULMER and NORTHCUTT, JJ„ Concur.

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PER CURIAM.

John Lester Benjamin appeals the summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.850. Benjamin pleaded guilty to two counts of delivery of cocaine, two counts of possession of cocaine, and one count of possession of drug paraphernalia. He now claims that the search warrant issued in his case was not supported by probable cause and that his counsel was ineffective for failing to file a motion to suppress. We find that the trial court properly denied Benjamin’s rule 3.850 motion because he failed to state a facially sufficient claim. The affidavit submitted in support of the search warrant established probable cause. See State v. Lewis, 605 So.2d 590 (Fla. 2d DCA 1992). Therefore, we affirm.

Affirmed.

BLUE, C.J., and FULMER and NORTHCUTT, JJ„ Concur.

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Bluebook (online)

791 So. 2d 554, 2001 Fla. App. LEXIS 10644, 2001 WL 844751, Counsel Stack Legal Research, https://law.counselstack.com/opinion/benjamin-v-state-fladistctapp-2001.

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