Miller v. State

TURNAGE, Judge.

Johnny Dale Miller entered a plea of guilty to felony assault first degree and was sentenced to five years imprisonment. Miller timely filed a motion under Rule 24.035 to set aside the sentence. The court dismissed the motion without entering findings of fact and conclusions of law on the issues presented by the motion. Miller contends the court erred in dismissing his motion. Reversed and remanded.

Miller entered his plea of guilty on February 27, 1989. Thereafter, the family of Miller contacted Mark A. Kennedy, an attorney in Poplar Bluff, and gave Kennedy the filing fee for a…