Boyd v. State

OPINION

LAWRENCE G. CRAHAN, Judge.

Frank Boyd (“Movant”) appeals the denial of his Rule 24.085 motion to vacate, set aside or correct judgment and sentence without an evidentiary hearing. In his sole point' on appeal, Movant claims the trial court erred in denying his claim that the court failed to comply with Rule 24.02(d)4 by failing to give him an opportunity to withdraw his guilty plea when the court decided not to sentence him in accordance with his plea agreement. We reverse and remand.

Movant was charged as a prior offender and a prior drug offender with delivery of a controlled…