Brewer v. State

CRANDALL, Chief Judge.

Movant, Leslie Brewer, appeals from the denial of his Rule 24.035 motion without an evidentiary hearing. Movant previously had entered an Alford plea of guilty to two counts of sodomy and had been sentenced to consecutive terms of imprisonment of 15 years on each count. We reverse and remand.

On appeal, the salient issue is whether the trial court should have held an evidentiary hearing to determine if mov-ant’s plea should be set aside. Under Rule 24.035, a hearing is not required “if the motion and the files and record of the case conclusively show that the movant is…