Norfolk v. State

LISA WHITE HARDWICK, Judge.

Vernon Norfolk appeals from the denial of his Rule 24.035 1 motion to vacate his sentence upon a guilty plea. He contends the motion court clearly erred in rejecting his claim that the trial court lacked jurisdiction to revoke his probation and execute a prison sentence because the probation period had already terminated. We reverse.

Factual and Procedural History

On October 23, 1996, Norfolk pled guilty to a charge of knowingly burning, Section 569.055, RSMO 1994, and was sentenced to a five-year prison term. The circuit court suspended execution of the sentence and…