Wallace v. State

ROBERT S. BARNEY, Judge.

David Wallace (“Movant”) appeals the motion court’s “Findings of Fact and Conclusions of Law” which denied his Rule 24.035 motion. 1 In his sole point relied on, Movant maintains the motion court clearly erred in denying his Rule 24.035 motion “because the plea court lacked a factual basis to accept his guilty plea ...” when the State “stated in the plea hearing that the item [Movant] was charged with stealing was an ATM card, not a credit card, which would make the offense a class A misdemeanor.” Accordingly, he asserts his guilty plea was unknowingly and…