Benn v. State

District Court of Appeal of Florida

Benn v. State

77 So. 3d 805, 2011 Fla. App. LEXIS 20658, 2011 WL 6793424

District Court of Appeal of Florida·Decided December 28, 2011·No. 2D11-984·Published

Opinion

MORRIS, Judge.

Orson W. Benn appeals the summary dismissal of his motion for postconviction *806 relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The postcon-viction 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.

VTLLANTI and KHOUZAM, JJ., Concur.

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MORRIS, Judge.

Orson W. Benn appeals the summary dismissal of his motion for postconviction *806 relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The postcon-viction 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.

VTLLANTI and KHOUZAM, JJ., Concur.

Benn v. State, 77 So. 3d 805, 2011 Fla. App. LEXIS 20658, 2011 WL 6793424 (Fla. Ct. App. 2011).

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