Royston v. State

LAURA DENVIR STITH, Judge.

In his sole point on appeal Mr. Royston argues that the trial court erred in denying his Rule 24.035 motion for post-conviction relief without an evidentiary hearing. We agree and remand for such a hearing.

I. FACTUAL BACKGROUND

Mr. Royston was charged with two counts of drug trafficking. The first count arose out of the search of a residence which Mr. Roy-ston alleges was owned by his mother and was rented to a Michael Adams. The police found over six grams of cocaine in the residence during the search. Mr. Royston was present in the house at the time of the search…