Gooch v. State

GARY W. LYNCH, Judge.

The State of Missouri appeals the grant of the Rule 24.035 post-conviction relief motion of Gary Lee Gooch (“Movant”). 1 The State contends that the motion court’s findings and conclusions that there was an insufficient factual basis for Movant’s guilty plea and that Movant’s plea counsel was ineffective were clearly erroneous. Finding such clear error, we reverse in part the motion court’s judgment and remand with instructions.

Factual and Procedural Background

Movant was charged with one count of arson in the first degree, see section 569.040, RSMo Cum.Supp.2005. The…