Guevara v. State

PARIENTE, Judge.

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…