Kramer v. State

OPINION

GLENN A. NORTON, Presiding Judge.

Terry Kramer appeals the judgment denying his Rule 24.035 motion without an evidentiary hearing. We reverse and remand.

Kramer pled guilty under North Carolina v. Alford, 400 U.S. 25, 91 S.Ct. 160, 27 L.Ed.2d 162 (1970) to one count of child molestation in the first degree. In his Rule 24.035 motion, Kramer alleged that his counsel induced him to plead guilty by assuring Kramer that he would receive probation. Kramer also asserted that his plea was involuntary and that his constitutional rights were violated because:... the Court indicated that it could…