Benn v. State

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT ORSON W. BENN, Appellant, v. STATE OF FLORIDA, Appellee. ) ) ) ) ) ) ) ) ) ) Case No. 2D11-984 Opinion filed December 28, 2011. 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. -2-

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