Mills v. State

CRIST, Judge.

Movant appeals the denial of his Rule 27.26 motion without an evidentiary hearing and without notice to movant’s lawyer. We reverse and remand due to lack of prior notice to movant’s lawyer of the date of entry of the Rule 27.26 judgment.

On June 17, 1985, movant filed a pro se Rule 27.26 motion. On June 26, 1985, a lawyer was appointed to represent him. On July 25, 1985, the Rule 27.26 trial court notified the lawyers unless an amended motion was filed on or before August 30, 1985, the court would rule on the merits of the pro se motion shortly thereafter. After several requests…