BENNY MARTINEZ v. STATE OF FLORIDA (2025)

District Court of Appeal of Florida, Fourth District.

BENNY A. MARTINEZ, Appellant, v. STATE OF FLORIDA, Appellee.

No. 4D2024-1871

Decided: January 08, 2025

No appearance required for appellee.

Affirmed.

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.

Benny A. Martinez, Bushnell, pro se.

Ciklin and Kuntz, JJ., concur. Warner, J., concurs specially with opinion.

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