Terry v. State

CRIST, Judge.

Movant appeals the denial of his pro se Rule 27.26 motion without an evidentiary hearing claiming his lawyer was not given notice by the motion court as to when the motion was to be ruled upon. We reverse and remand.

This is the second time movant and his Rule 27.26 motion have been before this court. The following is a list of dates and actions relevant to this appeal.

12-28-87—Movant files his pro se Rule 27.26 motion.

6-24-88—State’s Motion to Dismiss without an evidentiary hearing filed.

9-1-88—State’s Motion to Dismiss granted without findings of fact or conclusions of law.…