Opinion
No. 96-3336.
December 18, 1996.
Appeal of order denying rule 3.800(a) motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Paul L. Backman, Judge; L.T. Case Nos. 86-10657CF10, 86-8238CF10 86-6299CF10.
Anthony Caracciolo, Daytona Beach, pro se.
Robert A. Butterworth, Attorney General, Tallahassee, and Carol Cobourn Asbury, Assistant Attorney General, Tallahassee, for appellee.
We reverse the trial court's order summarily denying Appellant's motion for post-conviction relief under rule 3.800, Florida Rules of Criminal Procedure. If the trial court again denies relief on remand, it is directed to attach to its order those portions of the record which establish conclusively that Appellant is not entitled to relief: the entire judgment and sentence, reflecting, as Appellant contends and the state does not dispute, that Appellant was ordered to pay neither costs nor restitution in the cases in question.
REVERSED and REMANDED.
POLEN, FARMER and STEVENSON, JJ., concur.