Gilliam v. State

GARRISON, Presiding Judge.

This appeal is from the motion court’s denial of Appellant’s request for relief pursuant to Rule 24.035.1 He was charged with the class B felony of burglary in the first degree, § 569.160, RSMo 1986. On the morning of trial, the State was permitted to file a Second Amended Information to include the charge that Appellant was a prior and persistent offender. Appellant pleaded guilty to the amended charge and received a sentence of ten years. Thereafter, he filed a pro se motion pursuant to Rule 24.035 to set aside his conviction and sentence alleging that as the…