Sederes v. State

CRIST, Judge.

Movant appeals the denial without an evidentiary hearing of his motion to vacate, correct or set aside the sentence and judgment pursuant to Rule 24.035. We reverse and remand.

Movant pleaded guilty on July 20, 1987, to three counts of sodomy and one count of armed criminal action. Movant was sentenced to concurrent terms of fifteen years’ imprisonment on each sodomy count and twenty-three years’ imprisonment on the armed criminal count for a total of twenty-three years’ imprisonment.

Movant filed a motion to vacate sentence pursuant to Rule 24.035 on April 28, 1988. Counsel was…