Fainter v. State

PAUL M. SPINDEN, Presiding Judge.

Troy B. Fainter appeals the circuit court’s judgment to deny his Rule 24.035 motion without an evidentiary hearing. Fainter pleaded guilty to a Class D felony 1 of stealing a riding lawn mower. He contends that the guilty plea record failed to establish a sufficient factual basis for felony stealing because a riding lawn mower was not a motor vehicle under Section 570.030.3(3)(a), RSMo 2000. We agree and reverse the circuit court’s judgment and remand for an evidentiary hearing.

The issue in this case is whether or not the circuit court erred in refusing to…