Backues v. State

GARY M. GAERTNER, Presiding Judge.

Appellant, Bobby Leroy Backues, appeals the dismissal of his Rule 24.035 motion to vacate judgment and sentence without an evidentiary hearing. Appellant entered a guilty plea after being charged with stealing. Appellant was sentenced to seven years and given five years probation with sixty days shock incarceration. On December 14, 1988, the State moved to revoke appellant’s probation and on January 19, 1989, appellant’s probation was revoked. The original sentence of seven years was executed.

On April 11,1989, appellant timely filed a verified, pro se motion…