CARL P. HIGGINS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
CARL P. HIGGINS, APPELLANT,
STATE OF FLORIDA, APPELLEE
855 So. 2d 716
Florida District Court of Appeal, Fourth District (2003)
Positive Treatment
Cited by 2 cases
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 evidentiary hearing. As to appellants’ other claims, we affirm.
REVERSED AND REMANDED IN PART.
POLEN, GROSS and TAYLOR, JJ., concur.
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Higgins v. State, 885 So. 2d 994 (Fla. 4th DCA 2004)…addressed claims 10 and 11. The court summarily denied all of the claims. On appeal, this court remanded for the trial court to conduct an eviden-tiary hearing or to provide record attachments conclusively refuting claims 4 and 11. Higgins v. State, 855 So. 2d 716 (Fla. 4th DCA 2003). On remand the trial court again summarily denied these claims and Higgins appeals. [*996] In claim 4, he argued that his trial attorney provided ineffective assistance by not objecting to a photographic lineup which showed him…