Miller v. State

CRIST, Judge.

Defendant appeals the denial of his Rule 24.035 motion without an evidentiary hearing. We reverse and remand.

On April 29, 1991, Defendant pleaded guilty to four counts: Count I — Forcible Rape; Counts II and III — Forcible Sodomy; and Count IV — Second Degree Robbery. On June 7, 1991, the court held Defendant’s sentencing hearing. At that hearing, the court refused to allow Defendant to withdraw his guilty plea. The court further sentenced Defendant to three terms of life imprisonment on Counts I, II, and III and fifteen years’ imprisonment on Count IV. All sentences were ordered…