Benjamin v. State

Kevin Benjamin appeals the trial court’s order denying his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Benjamin’s motion sets forth several grounds for relief, only one of which may have merit. We affirm in part, reverse in part, and remand for further proceedings.

Benjamin pleaded nolo contendere to three third-degree felonies and a misdemeanor. He was sentenced on October 26, 1996, to a total sentence of eight years’ incarceration, all sentences suspended. The sentences in this case were to run concurrently with a Control Release…