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HIGGS v. STATE

No. 92-570.

599 So.2d 274 (1992)

Robert A. HIGGS, Petitioner, v. STATE of Florida, et al., Respondents.

District Court of Appeal of Florida, Fifth District.

May 29, 1992.

Attorney(s) appearing for the Case

Robert A. Higgs, pro se.

Robert A. Butterworth, Atty. Gen., Tallahassee, and David S. Morgan, Asst. Atty. Gen., Daytona Beach, for respondents.

COBB, Judge.

Petitioner, Robert Higgs, seeks a writ of habeas corpus claiming that his appeal rights in a 3.850 proceeding were violated. Higgs was convicted in 1988 for two counts of capital sexual battery and aggravated child abuse. Higgs filed a 3.850 motion, which was summarily denied on August 1, 1990. On August 13, 1990, Higgs filed a motion for rehearing which was denied by the court on August 20, 1990. Higgs alleges that on September 17, 1990, he "filed" a...

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