Wiggins v. State

Tavarence Wiggins appeals a circuit court order denying his motion for a writ of audita querela defendentis1 and his claim of disparate treatment in a criminal sentence alleged to be manifestly unjust. We treat Wiggins’ motion as a post-conviction motion under Florida Rule of Criminal Procedure 3.850, and we affirm the order denying that motion.

Wiggins was one of fourteen co-conspirators charged in 1997 with Florida Racketeering Influenced and Corrupt Organization (RICO) Act violations2 and conspiracy to commit RICO act violations (among other charges), allegedly as part of a scheme to rob…