Gess v. State

ORDER

Clarence Gess (Movant) appeals from the denial of a motion to vacate judgment and sentence without an evidentiary hearing under Rule 24.035. The conviction sought to be vacated was for drug trafficking in the second degree, Section 195.223, RSMo 2000, 1 for which Movant was sentenced as a prior and persistent offender to thirteen years imprisonment. On appeal Movant argues the motion court erred in denying his Rule 24.035 motion without an evidentiary hearing because plea counsel was ineffective for failing to investigate: (1) Movant’s mental condition at the time of the plea; and (2)…