Higgs v. State

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 notice of appeal and a motion to proceed in forma pauperis. The trial court denied the motion to proceed in forma pauperis on…