Patrick J. Benway v. State

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED PATRICK J. BENWAY, Appellant, v. Case No. 5D17-3077 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed January 19, 2018 3.800 Appeal from the Circuit Court for Osceola County, Elaine A. Barbour, Judge. Patrick J. Benway, Quincy, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Robin A. Compton, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. AFFIRMED. See Brooks v. State, 969 So. 2d 238 (Fla. 2007) (holding that proper test for motion to correct illegal sentence is whether same sentence could have been imposed with corrected scoresheet). ORFINGER, EVANDER and LAMBERT, JJ., concur.

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