DeClue v. State

MARY K. HOFF, Judge.

Richard DeClue (Movant) appeals from the motion court’s judgment denying his Rule 24.035 post-conviction relief motion after an evidentiary hearing. State now concedes there was an insufficient factual basis for Movant’s guilty plea to the felony resisting arrest charge. We reverse and remand for the court to vacate and set aside Movant’s conviction for felony resisting arrest due to the insufficient factual basis for the plea.

Movant was charged by a second amended information with the class D felony of resisting arrest, Section 575.150 RSMo Cum.Supp.1996, and as a prior…