Grimes v. State

JOSEPH M. ELLIS, Judge.

Morris Grimes appeals from the denial of his Rule 24.035 motion for post-conviction relief without an evidentiary hearing. For the following reasons, the judgment is reversed.

On November 14, 2003, Appellant was charged by indictment in the Circuit Court of Jackson County with two counts of second-degree domestic assault, § 565.073, 1 stemming from an incident on October 23, 2003, involving his brother and sister. The indictment charged Appellant as a prior offender under § 558.016 and a persistent domestic violence offender under § 565.063.1.

On April 13, 2004, pursuant…