Florida District Courts of Appeal, 2009

Taylor v. State

Florida District Courts of Appeal · Decided August 12, 2009 · Barfield, Kahn, Van Nortwick

15 So. 3d 934; 2009 Fla. App. LEXIS 11233; 2009 WL 2448139 (Southern Reporter, Third Series)

Cases that cite this one

1 later published case cites this decision.

Murphy v. State (Fla. Dist. Ct. App. 2009)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM.

The appellant challenges the summary denial of his motion for postconvietion relief filed pursuant to Florida Rule of Criminal Procedure 3.850. In his motion, appellant alleges that he was improperly ordered to pay restitution without the trial court’s conducting a hearing with appellant present, to determine appellant’s ability to pay. We REVERSE and REMAND for the trial court to attach documentation conclusively refuting appellant’s claim or for an evidentiary hearing. See Donaldson v. State, 985 So.2d 63 (Fla. 2d *935 DCA 2008); Durden v. State, 582 So.2d 1256 (Fla. 1st DCA 1991).

BARFIELD, KAHN, and VAN NORTWICK, JJ., concur.

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