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Benjamin v. State, No. 4D09-264 (Fla. App. 8/5/2009) (Fla. App., 2009)

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HENRY J. BENJAMIN, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D09-264. District Court of Appeal of Florida, Fourth District. August 5, 2009. Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County, Eileen M. O’Connor, Judge, L.T. Case No. 01-13710 CF10A. Henry J. Benjamin, Miami, pro se. Bill McCollum, Attorney General, Tallahassee, and Sue-Ellen Kenny, Assistant Attorney General, West Palm Beach, for appellee. PER CURIAM. Henry J. Benjamin appeals an order dismissing, as to one of two lower tribunal cases, his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse and remand for the trial court to consider the motion on the merits...continue to full post

Full post as published by Florida Criminal Law Opinions on August 05, 2009 (boomark / email).