Spicuzza v. State

Movant was convicted by a jury of three counts of felony stealing by deceit, one count of misdemeanor stealing by deceit and two counts of forgery for which he received five concurrent terms of fifteen years and one concurrent term of one year. Movant appeals from the denial of his pro se Rule 29.15 motion without an evidentiary hearing. We remand the cause to the motion court.

Movant’s sole point on appeal is:

[t]he motion court clearly erred by denying [movant’s] Rule 29.15 postconviction motion without an evidentiary hearing because the motion court failed to make an inquiry sua sponte as to…