Kelley v. State

805 So.2d 88 (2002)

Brian S. KELLEY, Appellant,

v.

STATE of Florida, Appellee.

No. 2D01-4026.

District Court of Appeal of Florida, Second District.

January 18, 2002.

SALCINES, Judge.

Brian S. Kelley timely appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. In the motion, Kelley raises nineteen issues. We affirm eighteen of the issues without comment. We reverse and remand on the remaining issue.

Kelley claims that one of the jurors slept through substantial portions of the State's case and had to be awakened by a bailiff.…