Watts v. State

GARY W. LYNCH, Judge.

Kennith Joe Watts (“Movant”) appeals the denial of his Rule 24.035 1 motion for post-conviction relief without an evidentiary hearing. Movant contends that he was affirmatively misled and misadvised by counsel as to the application of the “eighty-five percent rule” (pursuant to § 559.019.3). 2 Movant claims that counsel’s misadvice rendered his pleas unknowing, unintelligent and involuntary. We reverse and remand for the entry of specific findings of fact and conclusions of law on these allegations and, if necessary, an evi-dentiary hearing.

1) Factual and Procedural…