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240 So. 2d 324

Duncan v. State

District Court of Appeal of Florida

Decided September 25, 1970

District Court of Appeal of Florida · decided 1970-09-25

Relies on Brown v. State · 237 So. 2d 129 - Brown v. State · 240 So. 2d 162 - Bank of Miami v. Greene

Decided 1970-09-25

PIERCE, Judge.

¶1This is another one of those cases where a prisoner, irked by his forcible detention in durance vile, seeks to exchange incarceration for emancipation by utilizing a dissenting opinion in Brown v. State, Fla.App.1970, 232 So.2d 55, 58. But unfortunately for appellant Eddie Duncan, Jr., the effort must again prove fruitless, upon authority of the Supreme Court’s opinion in Brown v. State, Fla.1970, 237 So.2d 129. See also this 2nd District Court’s opinions in Rogers v. State, 239 So.2d 118; Woods v. State, 239 So.2d 853; and Kinder v. State, 240 So.2d 162.

¶2The lower Court’s order in the instant case, denying Duncan’s post-conviction motion for relief, must be and is—

¶3Affirmed.

HOBSON, C. J., and McNULTY, J., concur.
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