Florida District Courts of Appeal, 2002

Higgins v. State

Higgins v. State
Florida District Courts of Appeal · Decided March 13, 2002 · Farmer, Klein, Taylor
810 So. 2d 1044; 2002 Fla. App. LEXIS 3026; 2002 WL 385578 (Southern Reporter, Second Series)
Higgins v. State

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Opinion of the Court

PER CURIAM.

Carl P. Higgins, Appellant, filed a motion for postconviction relief, pursuant to Florida Rule of Criminal Procedure 3.850, and raised numerous claims. The trial court denied relief as to all the claims without holding an evidentiary hearing or attaching those portions of the record refuting the Appellant’s claims. We find that claims 1, 3, 4 and 8 are legally sufficient. Consequently, we reverse the trial court’s denial of relief and remand for an evidentiary hearing or attachment of those portions of the record which conclusively refute these claims.

FARMER, KLEIN and TAYLOR, JJ, concur.

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