KENNETH MARTINEZ vs STATE OF FLORIDA

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.

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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

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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.