Benny Martinez C v. State of Florida

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.

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Not final until disposition of timely filed motion for rehearing.