Kilgore v. State

VICTOR C. HOWARD, Judge.

Russell D. Kilgore appeals from the Ray County Circuit Court’s judgment denying, in part, his Rule 24.0351 motion to vacate, set aside or correct the judgment or sentence imposed upon his conviction after his guilty plea to one count of manufacture of a controlled substance under section 195.211 RSMo Cum.Supp.1998. He contends that the motion court erred in denying his motion because the circuit court erred in setting aside the prosecutor’s entry of a nolle prosequi and therefore lacked jurisdiction to continue with criminal proceedings against him. The State agrees.2

We…