Legal Opinion

Benjamin v. State

District Court of Appeal of Florida

Decided November 29, 2017No. Case 2D16-5289PublishedCited by 1 opinion

1Opinion of the Court

BLACK, Judge.

Melvin Benjamin challenges his convictions and sentences for manslaughter and felonious possession of a firearm. Benjamin’s sole argument is that the trial court erred in denying his presentence motion to withdraw plea without sufficient inquiry or conducting an evidentiary hearing. We reverse Benjamin’s sentences and remand for further proceedings consistent with this opinion.

Benjamin was initially charged with second-degree murder and felonious possession of a firearm. The murder charge was a life felony, and Benjamin’s lowest permissible guidelines sentence was forty-five…

2Cases cited8 opinions

  1. Sheppard v. StateSupreme Court of Florida · 2009
  2. Grainger v. StateDistrict Court of Appeal of Florida · 2005
  3. LEHMKUHLE v. StateDistrict Court of Appeal of Florida · 2009
  4. Morales v. StateDistrict Court of Appeal of Florida · 2008
  5. Jones v. StateDistrict Court of Appeal of Florida · 2011

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3Cited by1 opinion

  1. ALONSO KAOSAYAN HERNANDEZ v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2018

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