Smith v. State

This case involves the denial of Rule 24.035 Motion without an evidentiary hearing.

Background and Procedural History

Eugene Smith (Appellant) was charged with possession of heroin as a prior and persistent offender and as a prior drug offender. The information alleged that Appellant had pled guilty to the felony of possession of a controlled substance on 30 January 1979 and to the felony of burglary second degree on 21 September 1979. On 9 September 2009, Appellant appeared in person and with counsel and pled guilty to the class-C felony of possession of heroin.

At the plea hearing, Appellant…