BENJAMIN v. STATE (2018)

District Court of Appeal of Florida, Second District.

Melvin BENJAMIN, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).

CASE NO.: 2D18-2439

Decided: November 15, 2018

This court's order dated November 9, 2018, is withdrawn and this order is substituted therefor. In case number 2D16-5289, this court issued a mandate reversing appellant's sentences and remanding for the trial court to conduct a hearing on appellant's motion to withdraw plea. It appears that while the trial court held a hearing and denied appellant's motion to withdraw plea, appellant was never re-sentenced. Because the circuit court has not re-sentenced appellant in case number 15-4759, the petition for belated appeal is denied without prejudice for appellant to file a direct appeal under Florida Rule of Appellate Procedure 9.140(b)(2) after being re-sentenced by the circuit court.

BY ORDER OF THE COURT:

SILBERMAN, VILLANTI, and CRENSHAW, JJ., Concur.

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