Wilkey v. State, 98-1427

• Decision Date: 15 July 1998
• Docket Number: No. 98-1427,98-1427
• Citation: 712 So.2d 847
• Parties: 23 Fla. L. Weekly D1664 Jason WILKEY, Appellant, v. STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

Page 847

712 So.2d 847

23 Fla. L. Weekly D1664

Jason WILKEY, Appellant, v. STATE of Florida, Appellee.

No. 98-1427.

District Court of Appeal of Florida, Fourth District.

July 15, 1998.

Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; James I. Cohn, Judge; L.T. Case No. 93-9943 CF10A.

Jason Wilkey, Sneads, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Gentry Denise Benjamin, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

This is an appeal from the summary denial of a motion for post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.850. We reverse and remand for an evidentiary hearing or for record attachments to refute appellant's claim that his fifteen-year sentence entered pursuant to his probation violation is illegal. See § 958.14, Fla. Stat. (1993). The record before the trial court did not reveal whether appellant's violation was substantive or technical. See, e.g., Dunbar v. State, 664 So.2d 1093, 1094 (Fla. 2d DCA 1995).

We note that the state has attempted to cure the record deficiency by supplying information to this court in an appendix. However, this is insufficient to cure the lack of support for the trial court's order. See Wheeler v. State, 634 So.2d 213, 214 (Fla. 4th DCA 1994).

WARNER, POLEN and FARMER, JJ., concur.