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HIGGS v. STATE

No. 92-570.

601 So.2d 319 (1992)

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

District Court of Appeal of Florida, Fifth District.

July 24, 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.

In this habeas corpus proceeding we appointed the trial judge as commissioner to determine whether under the mailbox rule1 petitioner timely appealed an order summarily denying his 3.850 motion for postconviction relief. See Higgs v. State, 599 So.2d 274 (Fla. 5th DCA 1992). The trial court found that petitioner's 3.850 motion was denied August 1, 1990, and his timely motion for rehearing...

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