Domin v. State, 712 So. 2d 847 (Fla. 4th DCA 1998). · Go Syfert
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Domin v. State, 712 So. 2d 847 (Fla. 4th DCA 1998). Cases Citing This Book View Copy Cite
1 citation event across 1 distinct court.
Strongest positive: State v. Meeks (fla, 2001-07-12)
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Fla. · 2001 · signal: see, e.g. · confidence low
See, e.g., Wilkey v. State, 712 So.2d 847 (Fla. 4th DCA 1998) (remanding for an evidentiary hearing in a postconviction proceeding *985 where youthful offender challenged length of sentence imposed after probation violation because record did not reveal whether violation was substantive or technical); see also Quiles v. State, 777 So.2d 992 (Fla. 2d DCA 2000); Escutary v. State, 753 So.2d 650 (Fla. 3d DCA 2000); Johnson v. State, 736 So.2d 708 (Fla. 2d DCA 1999); Robinson v. State, 702 So.2d 1346 (Fla. 5th DCA 1997); Hill v. State, 692 So.2d 277 (Fla. 5th DCA 1997); Johnson v. State, 678 So.2d…
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Michael L. DOMIN
v.
STATE of Florida
No. 98-1585.
District Court of Appeal of Florida, Fourth District.
Jul 15, 1998.
712 So. 2d 847
1998 Fla. App. LEXIS 8488
1998 WL 390850
Michael L. Domin, Madison, pro se., Robert A. Butterworth, Attorney General, Tallahassee, and Jeanine M. Germanowicz, Assistant Attorney General, West Palm Beach, for appellee.
Shahood, Stevenson, Stone.
Published
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.