State v. Franklin

In our opinion reversing the trial court’s summary denial of appellee’s motion for post-conviction relief which was grounded on the •claim that there was no factual basis for his plea, we instructed the court to either attach portions of the record supporting the order of denial or to hold an evidentiary hearing on the issue of whether there was a factual basis for the plea. Franklin v. State, 645 So.2d 166 (Fla. 4th DCA 1994). At a hearing after remand, the trial court erroneously believed that it could not consider the probable cause affidavit or any other evidence. The court vacated the…