Stewart v. State

CRANDALL, Presiding Judge.

Movant, Lonzo Stewart, appeals from the denial of his Rule 29.15 motion without an evidentiary hearing. We reverse and remand.

Movant was convicted, after a jury trial, of murder in the second degree and sentenced to imprisonment for 20 years. That conviction was affirmed on direct appeal. State v. Stewart, 752 S.W.2d 359 (Mo.App.1988). At trial, a State’s witness testified that movant shot the victim once and, after the victim fell, movant fired five more shots into his head. Movant admitted the shooting but testified that he acted in self-defense.

Movant’s brother,…