Barry v. State

HOLSTEIN, Judge.

Movant Edward Barry, Jr., appeals the denial of his motion for post-conviction relief pursuant to Rule 24.035. Because of a conflict with other decisions of the court of appeals, this Court granted transfer. Rule 83.03. The judgment is reversed and remanded.

On November 14, 1990, movant Barry pled guilty to having stolen six women’s wallets from a Famous-Barr Department Store. Because the information alleged that he had previously been convicted of the crime of stealing two times, the offense was a class C felony. § 570.040. 1 Movant was sentenced to seven years imprisonment. §…