Searcy v. State

REINHARD, Judge.

Movant appeals from the denial of his Rule 24.035 motion after an evidentiary hearing. We reverse and remand for re-sentencing.

On October 21, 1985 movant pled guilty to second degree murder for the shooting death of victim in exchange for the state’s reduction of the charge against him from capital murder to second degree murder and recommendation of a 40 year sentence. Movant stated that his counsel had informed him of the range of punishment for both the original charge (capital murder) and the amended charge (second degree murder). He did not disagree with the prosecutor’s…