Evans v. State

Movant appeals from the denial, without an evidentiary hearing, of his Rule 24.035 motion. We reverse and remand.. On November 12, 1980, the state filed an amended information charging, in four counts, that on June 19, 21, 25 and 26 of 1980 movant fraudulently obtained a controlled substance in violation of § 195.170.1, RSMo 1978, by having forged prescriptions for Demerol filled at a pharmacy. The information was further amended by interlineation on May 18, 1981, to change movant’s alleged conduct in each count from obtaining Demerol to attempting to obtain Demerol. That same day movant pled…