Dudley v. State

GARY M. GAERTNER, Judge.

Appellant, Jim Dudley (“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 for resentencing, with directions that the state be given an opportunity to introduce evidence of movant’s status as a prior and persistent offender.

On May 14, 1985, the state filed an information for Case No. CR585-225FX, charging movant with one count of unlawful possession of a conceaiable firearm, a class C felony, RSMo § 571.070 1 (count I); two counts of…