Matthews v. State

WILLIAM H. CRANDALL, JR., Judge.

Movant, Donald Matthews, appeals from the judgment denying his Rule 24.035 motion after an evidentiary hearing. We vacate the sentence and remand for resen-tencing.

Movant was indicted for committing the class C felony of stealing, third offense. The indictment alleged that on January 31, 2000, movant appropriated thirteen t-shirts from a hotel. The indictment further states that on May 3, 1999, movant had pleaded guilty to stealing in two separate cases, both class A misdemeanors. 1 The indictment also alleged that movant was a prior and persistent offender…