Jones v. State

Franklin Lee Jones has appealed from an order of the trial court summarily denying his motion for post-conviction relief pursuant to Fla.R.Crim.P. 3.850. We reverse and remand for further proceedings.

On July 2, 1993, the trial court sentenced Jones to 15 years incarceration following his plea of nolo contendere to second-degree murder; he did not appeal. Jones filed the instant motion in August 1993, alleging that there was no factual basis for his plea. The trial court denied the motion, finding that Jones had stipulated to a factual basis, and such basis had been found by the court.…