Dieckhoff v. State

RONALD R. HOLLIGER, Judge.

Gary Dieckhoff entered a plea of guilty and was convicted of two counts of statutory sodomy in the first degree, Section 566.062, RSMo., for having deviate sexual intercourse with a minor. He now appeals the denial of his Rule 24.035 motion without an evidentiary hearing. Because there is no judgment in conformance with Rule 74.01, the appeal is dismissed.

A motion under Rule 24.035 is a civil proceeding. Subsection (j) requires the court to make Findings of Fact and Conclusions of Law whether or not an eviden-tiary hearing is held. Subsection (k) of that Rule…