Smith v. State

JOSEPH M. ELLIS, Judge.

Kevin Smith appeals from the denial of his Rule 29.15 motion for post-conviction relief following an evidentiary hearing. For the following reasons, the judgment is reversed and the cause is remanded.

Appellant was convicted by jury of two counts of first-degree tampering, § 569.080; one count of felony stealing, § 570.030.3; one count of misdemeanor stealing,' § 570.030.8; and one count of misdemeanor possession of drug paraphernalia, § 195.233. On February 15, 2007, the trial court sentenced Appellant, as a prior and persistent offender, to two consecutive ten-year…