Wilkey v. State

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 evi-dentiary 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…