Opinion
No. 98-1427
Opinion filed July 15, 1998 JULY TERM 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. 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.
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.