Phillips v. State

CROW, Judge.

Movant, Sherman Phillips, was charged with two crimes:

Count I: manufacturing with intent to deliver an imitation controlled substance, § 195.242, RSMo Cum.Supp.1992, a class D felony;

Count II: manufacturing a controlled substance, § 195.211, RSMo Cum.Supp. 1992, a class B felony.

Pursuant to a plea agreement, the prosecutor dismissed Count II, Movant pled guilty to Count I, and the court sentenced Movant to five years’ imprisonment.

Movant filed a timely pro se motion to vacate the conviction per Rule 24.035. 1

By an order filed March 18, 1994, the motion court appointed a lawyer…