Brooks v. State

GARY W. LYNCH, Presiding Judge.

Jeremy M. Brooks (“Movant”) appeals the motion court’s denial of his pro se motion for post-conviction relief 1 following an evidentiary hearing. Finding that the motion court failed to sua sponte determine whether Movant was abandoned by his post-conviction counsel after Movant’s counsel failed to file an amended motion or statement in lieu thereof, as required by Rule 24.035(e), 2 we reverse and remand with directions.

Factual and Procedural Background

By information filed August 1, 2005, Movant was charged with one count of the class C felony of stealing (§…