Florida District Courts of Appeal, 2003

Higgins v. State

Higgins v. State
Florida District Courts of Appeal · Decided October 8, 2003 · Gross, Polen, Taylor
855 So. 2d 716; 2003 Fla. App. LEXIS 15077; 2003 WL 22299001 (Southern Reporter, Second Series)

Higgins v. State

Opinion of the Court

PER CURIAM.

We reverse in part the trial court’s summary denial of appellant’s motion and supplemental motion for relief pursuant to Florida Rule of Criminal Procedure 3.850. As to claims numbered 4 and 11, we remand to the trial court to attach portions of the record which conclusively refute appellant’s claims, or to conduct an evidentia-ry hearing. As to appellants’ other claims, we affirm.

REVERSED AND REMANDED IN PART.

POLEN, GROSS and TAYLOR, JJ., concur.

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