Guevara v. State, 94-2065
| Decision Date | 09 November 1994 |
| Docket Number | No. 94-2065,94-2065 |
| Citation | 647 So.2d 887 |
| Parties | 19 Fla. L. Weekly D2363 Ricardo GUEVARA, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Appeal of order denying rule 3.850 motion from the Circuit Court for Palm Beach County; Richard B. Burk, Judge.
Ricardo Guevara, pro se.
No appearance required for appellee.
Defendant appeals the trial court's order summarily denying defendant's motion for post-conviction relief filed pursuant to rule 3.850 to withdraw his guilty plea. Defendant attacks the voluntariness of his guilty plea. The motion was timely filed. Defendant was sentenced on March 22, 1993 and not March 22, 1992 as contended by the state.
Based on Koenig v. State, 597 So.2d 256 (Fla.1992), we reverse the order summarily denying defendant's motion for post-conviction relief and remand for an evidentiary hearing on the voluntariness of the plea and the actual factual basis for the plea or alternatively, for the trial court to attach to the order portions of the record, including the probable cause affidavit, conclusively refuting defendant's claims for post-conviction relief. Compare Freber v. State, 638 So.2d 140 (Fla. 4th DCA 1994).
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...stipulation with no factual basis in the record is insufficient"). The state concedes that remand is necessary. See Guevara v. State, 647 So.2d 887 (Fla. 4th DCA 1994) (remanding for an evidentiary hearing or attachment of records — including the probable cause affidavit — which might refut......