Legal Opinion

Benton v. State

District Court of Appeal of Florida

Decided November 6, 2002No. 3D02-2004PublishedCited by 2 opinions

1Opinion of the Court

829 So.2d 388 (2002)

Lemon BENTON, Appellant,

v.

The STATE of Florida, Appellee.

No. 3D02-2004.

District Court of Appeal of Florida, Third District.

November 6, 2002.

Lemon Benton, in proper person.

Robert A. Butterworth, Attorney General, and Steven R. Parrish, Assistant Attorney General, for appellee.

Before JORGENSON, FLETCHER, and RAMIREZ, JJ.

RAMIREZ, J.

Lemon Benton appeals the denial of his motion to correct illegal sentence pursuant to rule 3.800, Florida Rules of Criminal Procedure. We reverse because Benton's prior offenses for which the court withheld adjudication cannot be treated as prior…

2Cases cited3 opinions

  1. Overstreet v. StateSupreme Court of Florida · 1993
  2. Suarez v. StateDistrict Court of Appeal of Florida · 2002
  3. Destra v. StateDistrict Court of Appeal of Florida · 1995

3Cited by2 opinions

  1. Reed v. StateDistrict Court of Appeal of Florida · 2004
  2. Beazley v. StateDistrict Court of Appeal of Florida · 2009

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