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HIGGINS v. STATE

No. 2D01-2985.

799 So.2d 344 (2001)

Larry Dewayne HIGGINS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

October 26, 2001.

THREADGILL, Judge.

Larry Dewayne Higgins appeals the summary denial of his Florida Rule of Criminal Procedure 3.850 motion. The trial court denied the claim because it was untimely. However, Higgins has stated a facially sufficient Florida Rule of Criminal Procedure 3.800(a) claim which must be addressed on its merits. In addition, the trial court is directed to address a claim not raised by Higgins, but which is apparent...

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