MARTINEZ v. STATE (2023)

District Court of Appeal of Florida, Fifth District.

Kenneth MARTINEZ, Appellant, v. STATE of Florida, Appellee.

Case No. 5D23-1648

Decided: June 23, 2023

Kenneth Martinez, Bushnell, pro se. No Appearance for Appellee.

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.”).

PER CURIAM.

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

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