MICHAEL L. DOMIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We reverse the trial court’s summary denial without the attachment of any record excerpts, of appellant’s rule 3.850 motion for post-conviction relief. Appellant contends that the trial court erred by imposing an amount of restitution to be paid to the victim without first making a proper assessment of his ability to pay. Appellant alleges further that his counsel was ineffective for permitting the restitution order to be entered without objection as appellant had advised counsel that he no longer had an ability to pay the restitution amount that was once discussed to be made part of a plea.
State concedes and we agree that these issues cannot be resolved without either record attachments to refute appellant’s claim or an evidentiary hearing. See Fernandez v. State, 701 So. 2d 632 (Fla. 4th DCA 1997). Accordingly, we reverse and remand for further proceedings.
REVERSED AND REMANDED.
STONE, C.J., and STEVENSON and SHAHOOD, JJ., concur.
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State v. Meeks, 789 So. 2d 982 (Fla. 2001)…“technical” violation. See id. at 106 (Miner, J., dissenting). Numerous Florida cases have recognized the distinction between substantive versus technical/nonsubstantive violations set forth in the statute at issue here. See, e.g., Wilkey v. State, 712 So. 2d 847 (Fla. 4th DCA 1998) (remanding for an eviden-tiary hearing in a postconviction proceed [*985] ing where youthful offender challenged length of sentence imposed after probation violation because record did not reveal whether violation was substantive…
Authorities Cited
- Fernandez v. State, 701 So. 2d 632 (Fla. 4th DCA 1997)