Whitby v. State

GARY M. GAERTNER, Judge.

Appellant, Kenneth Whitby (“movant”), appeals the judgment of the Circuit Court for the City of St. Louis denying his Rule 24.035 motion without an evidentiary hearing. We vacate the judgment of the motion court and remand for dismissal.

On July 13,1993, movant pled guilty to one count of distribution of a controlled substance and two counts of sale of a controlled substance, RSMo § 195.211 (1994), and was sentenced to ten years on each count, said sentences to run consecutively. The trial court suspended the execution of the sentences and placed movant on two years…