Pettis v. State

JOSEPH M. ELLIS, Judge.

Leon Pettis appeals from the denial of his Rule 24.035 motion for post-conviction relief following an evidentiary hearing. For the following reasons, we reverse the motion court’s decision.

Appellant was charged as a prior and persistent offender with possession of a controlled substance (heroin) with the intent to distribute, § 195.211, or, in the alternative, with possession of a controlled substance within a correctional institution, § 217.360. Pursuant to a plea agreement reached with the State, Appellant appeared before the Circuit Court of Randolph County and…