PATRICK J. BENWAY
v.
STATE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A motion to correct an illegal sentence is properly denied when the same sentence could have been imposed with a corrected scoresheet.
[1] A sentence is not illegal under Florida law when the same sentence could have been imposed using a corrected sentencing scoresheet.
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligencePatrick J. Benway appealed from a circuit court decision denying his motion to correct an allegedly illegal sentence. Benway was proceeding pro se.…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Corrected Scoresheet cases and more on FLexlaw
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED PATRICK J. BENWAY, Appellant,
v. Case No. 5D17-3077 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed January 19, 2018 3.800 Appeal from the Circuit Court for Osceola County, Elaine A. Barbour, Judge.
Patrick J. Benway, Quincy, pro se.
Pamela Jo Bondi, Attorney General, Tallahassee, and Robin A. Compton, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM. AFFIRMED. See Brooks v. State, 969 So. 2d 238 (Fla. 2007) (holding that proper test for motion to correct illegal sentence is whether same sentence could have been imposed with corrected scoresheet).
ORFINGER, EVANDER and LAMBERT, JJ., concur.