Benny Martinez C v. State of Florida
This text of Benny Martinez C v. State of Florida (Benny Martinez C v. State of Florida) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT
BENNY A. MARTINEZ, Appellant,
v.
STATE OF FLORIDA, Appellee.
No. 4D2024-1871
[January 8, 2025]
Appeal of order denying rule 3.850 motion from the Circuit Court for the Nineteenth Judicial Circuit, Martin County; William L. Roby, Judge; L.T. Case No. 0700361CFAXMX.
Benny A. Martinez, Bushnell, pro se.
No appearance required for appellee.
PER CURIAM.
Affirmed.
CIKLIN and KUNTZ, JJ., concur. WARNER, J., concurs specially with opinion.
WARNER, J., concurring specially.
I concur in affirmance of the denial of appellant’s motion for postconviction relief, because it is successive. A majority of this court has already rejected appellant’s claims in Martinez v. State, 216 So. 3d 734 (Fla. 4th DCA 2017), in which I dissented. Id. at 741-42. Were I to reach the merits, I would still reverse for the reasons articulated in my dissent.
* * *
Not final until disposition of timely filed motion for rehearing.
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