Benjamin v. State

On Motion for Rehearing

SUAREZ, J.

On Robert T. Benjamin’s proper motion for rehearing, we grant rehearing, withdraw our prior opinion dated June 24, 2009, and substitute the following:

Robert T. Benjamin seeks to reverse a trial court order denying his motion to correct an illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800. We reverse and remand.

Benjamin was convicted of strong-arm robbery and sentenced to a term of forty years in prison, with a thirty-year mandatory minimum sentence as a Violent Career Criminal (VCC) \ and a concurrent fifteen-year mandatory minimum as a…