BRUCE BALKEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Bruce Balkey appeals the summary denial of his postconviction motion. The trial court denied the motion as untimely without addressing the merits of Balkey’s claims. However, as Balkey argued below,' the motion was timely filed based on Florida Rule of Criminal Procedure 3.040.
Two of the claims raised in the postcon-viction motion are legally sufficient and not refuted by any record attachments: (1) Balkey alleged that he received ineffective assistance of counsel because his attorney did not object that a lesser offense of the criminal mischief charge was stated incorrectly on the verdict form; and (2) he alleged that his attorney should have objected when the court imposed a thousand dollars restitution in this case because, based on the jury verdict, restitution should have been less than a thousand dollars.
We reverse and remand for an evidentiary hearing or for attachment of portions of the record conclusively demonstrating that appellant is entitled to no relief.
REVERSED and REMANDED.
WARNER, POLEN and STEVENSON, JJ., concur.
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Matthews v. State, 99 So. 3d 964 (Fla. 2d DCA 2011)…2d DCA 2010) (addressing a claim of ineffective assistance of counsel for failure to object to inclusion of victim injury points on score-sheet). It is also possible that Mr. Matthews would be entitled to relief under the reasoning of Long v. State, 853 So. 2d 511 (Fla. 4th DCA 2003) (addressing a claim of illegal sentence based on the miscalculation of victim injury points). He may need to expressly allege that his lawyer was ineffective at the 2007 sentencing hearing for not challenging these points. See St…