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HARRIS v. STATE

No. 4D09-2488.

32 So.3d 197 (2010)

John W. HARRIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

April 21, 2010.

Attorney(s) appearing for the Case

John W. Harris, Raiford, pro se.

Bill McCollum, Attorney General, Tallahassee, and Melynda L. Melear, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

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. ...

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