Jones v. State

MANFORD, Judge.

This is an appeal by the State of Missouri from a judgment sustaining movant’s Rule 27.26 motion and remanding the cause for resentencing. The judgment is reversed.

A sole point is presented, which charges that the judgment was clearly erroneous on the basis that the hearing court, sua sponte, concluded that movant was denied effective assistance of counsel when retained counsel failed to inform movant that he could request the appointment of a public defender, waiver of the filing fee and waiver of transcript costs if movant could not afford to pay for an appeal, since there is…