Fogle v. State

MARY R. RUSSELL, Presiding Judge.

Harold Fogle (“Movant”) appeals from a judgment of the Circuit Court of St. Charles County denying his Rule 24.035 motion for post-conviction relief without an evidentiary hearing. Movant alleges: (1) that the motion court clearly erred in finding there was a factual basis to support his guilty plea on the charge of stealing by deceit, (2) that the motion court lacked jurisdiction to convict Movant of stealing by deceit as there was no factual basis to support that charge, and (3) that Movant’s plea counsel was ineffective for failing to object to the absence…