Evans v. State

JAMES K. PREWITT, Judge.

Gordon Dana Evans (“Movant”) appeals from the denial of his post-conviction motion filed under Rule 24.035. The history of this case is lengthy, and a synopsis of the prior history is beneficial to the analysis of Movant’s one point in this appeal in which he contends that the motion court clearly erred in overruling his Rule 24.035 motion because he did not receive the benefit of his original plea agreement in that, within the re-sentencing process, the sentencing court’s review of the case included the State’s original sentence recommendation and therefore, a…