Benner v. State

974 So.2d 578 (2008)

Stanley Mac BENNER, Appellant,

v.

STATE of Florida, Appellee.

No. 1D07-3069.

District Court of Appeal of Florida, First District.

February 19, 2008.

Stanley Mac Benner, pro se, Appellant.

Bill McCollum, Attorney General, and Terry P. Roberts, Assistant Attorney General, Tallahassee, for Appellee.

Appellant challenges the trial court's summary denial of his Florida Rule of Criminal Procedure 3.800(a) motion, in which he asserts that he was improperly sentenced to drug offender probation because his DUI conviction was not an offense contained within chapter 893, Florida Statutes, as…