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Darling v. State

District Court of Appeal of Florida, Second District
Jan 25, 2008
974 So. 2d 487 (Fla. Dist. Ct. App. 2008)

Opinion

No. 2D07-2130.

January 25, 2008.

Appeal pursuant to Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Desoto County; James S. Parker, Judge.


Kenneth Darling appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850, raising five grounds for relief. We affirm the trial court's denial of claims two through five without discussion.

In claim one, Darling alleges that his counsel was ineffective for failing to object to the jury venire's disparate representation of minority groups. Darling asserts that members of minority groups were systematically excluded from the all-white venire. However, Darling's claim is merely conclusory and contains no factual support for his contention. Cf. Leonard v. State, 659 So.2d 1210, 1212 (Fla. 4th DCA 1995) (citing Duren v. Missouri, 439 U.S. 357, 364, 99 S.Ct. 664, 58 L.Ed.2d 579 (1979)). Accordingly, we affirm the post-conviction court's order on claim one without prejudice to any right Darling may have to file a timely, facially sufficient motion on this claim. See Delaughter v. State, 641 So.2d 932 (Fla. 2d DCA 1994).

Affirmed.

SALCINES and SILBERMAN, JJ., Concur.


Summaries of

Darling v. State

District Court of Appeal of Florida, Second District
Jan 25, 2008
974 So. 2d 487 (Fla. Dist. Ct. App. 2008)
Case details for

Darling v. State

Case Details

Full title:Kenneth DARLING, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Jan 25, 2008

Citations

974 So. 2d 487 (Fla. Dist. Ct. App. 2008)