Schmedeke v. State

WILLIAM H. CRANDALL, JR., Judge.

Movant, James Schmedeke, appeals from the judgment denying his Rule 29.15 motion without an evidentiary, hearing. We reverse and remand.

A jury convicted movant of driving while intoxicated and driving while revoked. Movant was sentenced to four years’ imprisonment for each conviction with the sentences to be served consecutively. Movant appealed from the judgment of conviction and this court affirmed. State v. Schmedeke, 84 S.W.3d 139 (Mo.App.E.D.2002).

Movant filed a pro se and amended Rule 29.15 motion for post-conviction relief. Movant alleged that his trial…