Blackwelder v. State

GRIMES, Acting Chief Judge.

Appellant seeks review of an order which denied his motion for postconviction relief after an evidentiary hearing.

Appellant was charged with first-degree murder. The jury returned a verdict of second-degree murder. Appellant’s conviction was affirmed by this court. Blackwelder v. State, 421 So.2d 73 (Fla. 2d DCA 1982).

Appellant later filed a motion under Florida Rule of Criminal Procedure 3.850, asserting that he was improperly denied his right to be tried by a twelve-member jury. The court ordered an evidentiary hearing at which it was developed that at the…