Florida District Courts of Appeal, 1982

Shabazz v. State

Florida District Courts of Appeal · Decided December 1, 1982 · Boardman, Scheb, Schoonover

422 So. 2d 1062; 1982 Fla. App. LEXIS 21845 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Gary v. State (Fla. Dist. Ct. App. 2000)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

Abdul Wali Shabazz appeals from an order of the trial court denying his petition for writ of habeas corpus. We treat this petition for writ of habeas corpus as a motion for post-conviction relief under Florida Rule of Criminal Procedure 3.850.

Appellant’s allegation concerning the propriety of certain jury instructions attempts to raise matters which properly should have been raised on direct appeal. Merrill v. State, 364 So.2d 42 (Fla. 1st DCA 1978). Appellant may not present such matters in a motion seeking post-conviction relief. Stallings v. State, 319 So.2d 640 (Fla. 1st DCA 1975).

AFFIRMED.

BOARDMAN, A.C.J., and SCHEB and SCHOONOVER, JJ., concur.

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