Widmer v. State

JOANOS, Judge.

Appellant filed a motion for post-conviction relief, alleging that restitution had been ordered without inquiry into his ability to pay, see for example McManamon v. State, 609 So.2d 91 (Fla. 1st DCA 1992) as well as ineffective assistance of counsel. The trial court apparently denied appellant’s rule 3.850 motion on the theory that it was a successive motion, and that no legal basis had been raised to attack appellant’s plea. We affirm the denial of this motion, but for a different reason. The motion itself is unsworn and therefore facially insufficient to present a claim under…