Florida District Courts of Appeal, 2011

Benn v. State

Benn v. State
Florida District Courts of Appeal · Decided December 28, 2011 · Morris, Vtllanti, Khouzam
77 So. 3d 805; 2011 Fla. App. LEXIS 20658; 2011 WL 6793424 (Southern Reporter, Third Series)

Benn v. State

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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