Vickers v. State

MONTGOMERY, Chief Judge.

Brandon Vickers (Movant) appeals from the denial of his Rule 24.035 motion challenging his sentence as a prior and persistent offender. We vacate Movant’s sentence and remand to the circuit court with directions for resentencing.

On January 22,1996, by amended information, Movant was charged with the class C felony of stealing. The amended information further alleged that Movant was a prior and persistent offender under §§ 558.016 and 557.036.41 in that he had been found guilty of forgery and property damage.2

During his jury trial, Movant decided to withdraw his plea of…