Bennett v. State

PER CURIAM.1

David L. Bennett pleaded guilty to two counts of second-degree statutory rape and one count of incest. He was sentenced to imprisonment. He then filed this action pursuant to Rule 24.035. His attached in forma pauperis affidavit contained an incomplete indication of indigen-cy. The motion court denied relief without appointing counsel. Because counsel should have been appointed, the judgment is reversed, and the case is remanded.

Bennett’s Rule 24.035 motion was filed pro se on the prescribed form. Question 18 on the form asks whether the movant has completed the sworn affidavit…