Hight v. State

SHRUM, Judge.

The movant, Danny Wayne Hight, appeals from an order denying, without an evidentiary hearing, his Rule 24.035 motion for post-conviction relief following his guilty pleas on two counts of possession of a controlled substance. The movant claims the motion court erred when it failed to resentence him; in support, he presents two points on appeal.

First, the movant contends that he was improperly sentenced as a persistent offender under § 558.016, RSMo 1986, and as a prior, persistent, and class X offender under § 558.019, RSMo Supp.1989, because the guilty plea court did not make…