Holloway v. State

NUGENT, Judge.

Movant Timothy Holloway appeals the denial, without an evidentiary hearing, of his Rule 24.035 motion for post-conviction relief. He claims that the trial court erred in overruling his motion without issuing findings of fact and conclusions of law. He is correct, and for that reason and the additional reason that the trial court erroneously denied movant a requested eviden-tiary hearing we must reverse and remand.

Movant pled guilty to two counts of second degree burglary, one count of stealing, and one count of possessing burglar’s tools. The trial court found movant to be a…