Benjamin v. State, 814 So. 2d 530 (Fla. 2d DCA 2002). · Go Syfert
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Benjamin v. State, 814 So. 2d 530 (Fla. 2d DCA 2002). Cases Citing This Book View Copy Cite
“orders effectively denying motions to dismiss for failure to substitute party have been reviewed by common law certiorari.”
7 citation events (7 in the last 25 years) across 2 distinct courts.
Strongest positive: Mirna J. DeBlois, etc. v. Jose Dominguez (fladistctapp, 2023-09-13)
Top citers, strongest first. 3 distinct citers.
discussed Cited as authority (verbatim quote) Mirna J. DeBlois, etc. v. Jose Dominguez
Fla. Dist. Ct. App. · 2023 · quote attribution · 1 verbatim quote · confidence high
orders effectively denying motions to dismiss for failure to substitute party have been reviewed by common law certiorari.
discussed Cited as authority (rule) Malloy v. GUNSTER
Fla. Dist. Ct. App. · 2003 · confidence medium
Kash N' Karry Food Stores, Inc. v. Smart, 814 So.2d 530, 532 (Fla. 2d DCA 2002); Parkway Bank v. Fort Myers Armature Works, Inc., 658 So.2d 646, 648 (Fla. 2d DCA 1995). [T]he departure from the essential requirements of the law necessary for the issuance of a writ of certiorari is something more than a simple legal error.
cited Cited "see, e.g." Martin v. Hacsi
Fla. Dist. Ct. App. · 2005 · signal: see, e.g. · confidence low
See, e.g., Kash N’ Karry Food Stores, Inc. v. Smart, 814 So.2d 530 (Fla. 2d DCA 2002).
Nathaniel A. BENJAMIN, Appellant,
v.
The STATE of Florida, Appellee.
3D01-2335.
District Court of Appeal of Florida, Second District.
Apr 24, 2002.
814 So. 2d 530
Cope, Fletcher, and Shevin.
Cited by 2 opinions  |  Published

Nathaniel A. Benjamin, in proper person.

Robert A. Butterworth, Attorney General, and Thomas C. Mielke, Assistant Attorney General, for appellee.

Before COPE, FLETCHER, and SHEVIN, JJ.

PER CURIAM.

Nathaniel A. Benjamin appeals from the lower court's denial of post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.850. We affirm Benjamin's convictions but remand for resentencing.

Benjamin was charged with burglary of an unoccupied structure, petit theft, and criminal mischief. Benjamin pleaded guilty and was adjudicated an habitual violent felony offender (HVFO). However, as Benjamin asserts and as the State concedes, none of the crimes for which Benjamin presently serves his sentence are of the enumerated felonies which qualify him for HVFO designation pursuant to Florida Statute 775.084 (1997). In addition, the only prior felony committed by Benjamin that would qualify him as a violent offender under the statute was committed well beyond the time frame for consideration as an HVFO predicate offense.

Although it appears from the record that Benjamin raised the HVFO issue in a 1999 motion for corrected sentence, and the trial court granted that specific relief, the record also indicates that Benjamin's HVFO sentencing designation currently remains unchanged. Accordingly, we remand for the trial court to vacate Benjamin's current sentencing designation as an Habitual Violent Felony Offender and resentence him as an Habitual Offender, as previously announced by the trial court. We affirm all remaining issues.