Roth v. State

ULRICH, Judge.

Ronald H. Roth appeals the denial of his Rule 24.035 motion after an evidentiary hearing. Mr. Roth sought to vacate his conviction for passing a bad check over $150 in violation of section 570.120, RSMo 1994 and sentence of four years imprisonment. The *681order of the motion court denying the Rule 24.035 motion is vacated, and the case is remanded with directions to dismiss the motion without prejudice.

On April 18,1994, Mr. Roth pleaded guilty to one count of passing a bad check over $150. In exchange for his guilty plea, the state agreed to recommend a four year sentence to run…