KENNETH MARTINEZ  vs STATE OF FLORIDA

District Court of Appeal of Florida

KENNETH MARTINEZ vs STATE OF FLORIDA

CourtDistrict Court of Appeal of Florida

DecidedJune 23, 2023

Docket23-1648

StatusPublished

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Bluebook

KENNETH MARTINEZ vs STATE OF FLORIDA, (Fla. Ct. App. 2023).

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Opinion

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

KENNETH MARTINEZ,

Appellant,

v. Case No. 5D23-1648 LT Case No. 2018-CF-1625-A

STATE OF FLORIDA,

Appellee. ________________________________/

Opinion filed June 23, 2023

3.850 Appeal from the Circuit Court for Seminole County, Donna L. McIntosh, Judge.

Kenneth Martinez, Bushnell, pro se.

No Appearance for Appellee.

PER CURIAM.

AFFIRMED. See Jenkins v. State, 824 So. 2d 977, 982 (Fla. 4th DCA

2002) (“Because a defendant must demonstrate prejudice in a [Florida Rule

of Criminal Procedure] 3.850 proceeding, post-conviction relief based on a

lawyer’s incompetence with regard to the composition of the jury is reserved for a narrow class of cases where prejudice is apparent from the record,

where a biased juror actually served on the jury.”).

LAMBERT, C.J., SOUD and BOATWRIGHT, JJ., concur.

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