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Higgins v. State

District Court of Appeal of Florida, Fourth District
Mar 13, 2002
810 So. 2d 1044 (Fla. Dist. Ct. App. 2002)

Opinion

No. 4D01-3349.

March 13, 2002.

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Victor Tobin, Judge.

Carl P. Higgins, Raiford, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Judy Hyman, Assistant Attorney General, West Palm Beach, for appellee.


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.


Summaries of

Higgins v. State

District Court of Appeal of Florida, Fourth District
Mar 13, 2002
810 So. 2d 1044 (Fla. Dist. Ct. App. 2002)
Case details for

Higgins v. State

Case Details

Full title:CARL P. HIGGINS, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Mar 13, 2002

Citations

810 So. 2d 1044 (Fla. Dist. Ct. App. 2002)

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Higgins v. State

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