Mitchell v. State

NANNETTE A. BAKER, Presiding Judge.

Theodore Mitchell (“Movant”) appeals from the motion court’s order denying his Rule 24.035 1 motion for post-conviction relief without an evidentiary hearing. We reverse and remand.

On November 12, 2002, Movant pled guilty to first-degree statutory sodomy, in violation of Section 566.062, 2 by engaging in deviant sexual intercourse with M.W., a minor under the age of twelve. On January 24, 2003, the court sentenced Movant to ten years’ imprisonment.

On April 22, 2003, Movant filed a pro se motion for post-conviction relief pursuant to Rule 24.035. The court…