Hollingshead v. State

GARY D. WITT, Judge.

Timothy Hollingshead (“Hollingshead”) appeals the motion court’s denial of his Rule 24.0351 motion without an evidentia-ry hearing. For the reasons set forth herein, the cause is remanded to the motion court.

Factual Background

Hollingshead pled guilty to one count of murder in the second degree, Section 565.021,2 pursuant to a plea agreement in exchange for a “lid” of twenty-one years in prison.

In his plea colloquy before the trial court, Hollingshead acknowledged that he understood the terms of the agreement and that his possible maximum sentence was twenty-one years. He…