Smith v. State

ROBERT S. BARNEY, Presiding Judge.

Appellant Robert L. Smith (“Movant”) appeals from the motion court’s denial fol lowing an evidentiary hearing of his amended Rule 24.035 motion to vacate, set aside or correct judgment and sentence. 1 Movant asserts two points of motion court error.

In his first point Movant alleges he was abandoned by his postconviction counsel and the motion court erred in failing to determine whether he had been so abandoned. In his second point he maintains the motion court erred in failing to resen-tence Movant for “misdemeanor counts of animal abuse....” He maintains the…