Filed: Jan. 15, 2018
Latest Update: Mar. 03, 2020
Summary: 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 B
Summary: 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 Be..
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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.
