Russell v. State

GARY M. GAERTNER, Presiding Judge.

Appellant, James Russell (“movant”), appeals the judgment of the Circuit Court of Cape Girardeau County wherein it denied his Rule 24.035 motion without an evidentiary hearing. We reverse and remand.

On September 2, 1997, movant entered his plea of guilty to three counts of forgery, RSMo section 570.090,1 one count of misdemeanor trespass, RSMo section 569.140, one count of misdemeanor stealing, RSMo section 570.030, and one count of passing a bad check, RSMo section 570.120. The exact terms of the plea agreement are not clearly set forth in the record as…