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Darby v. State

District Court of Appeal of Florida, First District
Dec 14, 1984
461 So. 2d 984 (Fla. Dist. Ct. App. 1984)

Opinion

No. BA-175.

December 14, 1984.

Appeal from the Circuit Court, Alachua County, Chester B. Chance, J.

Earl Kym Darby, pro se.

No appearance for appellee.


Appellant appeals the trial court's denial of his RCrP 3.850 motion for post-conviction relief. In his motion, appellant alleged eight grounds in support of relief. Seven of these grounds could have been, should have been, or were raised and decided on appellant's direct appeal. As a result, these grounds were not properly raised by appellant's RCrP 3.850 motion. See generally Palmes v. State, 425 So.2d 4, 6 (Fla. 1983).

As to the appellant's remaining allegation that the foreman of the jury improperly influenced the other jurors, this is a matter that "inheres in the verdict" and, therefore, is not subject to attack. See State v. Blasi, 411 So.2d 1320, 1321-22 (Fla. 2d DCA 1981).

Accordingly, the order on appeal is AFFIRMED.

MILLS and WENTWORTH, JJ., concur.


Summaries of

Darby v. State

District Court of Appeal of Florida, First District
Dec 14, 1984
461 So. 2d 984 (Fla. Dist. Ct. App. 1984)
Case details for

Darby v. State

Case Details

Full title:EARL KYM DARBY, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Dec 14, 1984

Citations

461 So. 2d 984 (Fla. Dist. Ct. App. 1984)

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