Harris v. State

John Harris appeals the summary denial of his Rule 3.850 motion for postconviction relief. Harris entered a plea to robbery. The parties stipulated to a factual basis at the plea hearing but no record support for the factual basis was identified. Koenig v. State, 597 So.2d 256, 258 (Fla.1992) (“[A] 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 refute…