Kay v. State

GARY M. GAERTNER, Judge.

Appellant, Tony Joe Kay, appeals from the denial of his Rule 24.035 post-conviction motion without an evidentiary hearing. We remand for the limited purpose of determining whether appellant’s failure to timely file an amended Rule 24.035 motion was due to the fault of counsel, or of appellant.

On March 27, 1992, the state charged appellant with first degree robbery, in violation of RSMo § 569.020 (1986), and armed criminal action, in violation of RSMo § 571.015 (1986). The state agreed to drop the armed criminal action count in return for appellant’s guilty plea.

On…