Vernor v. State

REINHARD, Presiding Judge.

Movant appeals the denial, without an evi-dentiary hearing, of his Rule 24.035 motion for post-conviction relief. We reverse and remand.

Movant was charged by information in lieu of indictment with Count I — assault in the first degree, § 565.050, RSMo 1986; Count II — armed criminal action, § 571.015.1, RSMo 1986; and Count III — stealing, third offense, § 570.040, RSMo 1986. Additionally, the information alleged movant was a class X offender, § 558.019, RSMo Supp. 1993.

In exchange for movant’s plea of guilty to Counts I and II, the state agreed to nolle prosse Count…