Hart v. State

JOSEPH M. ELLIS, Judge.

Christopher Hart appeals from the denial of his Rule 24.035 motion for post-conviction relief following an evidentiary hearing. For the following reasons, the motion court’s decision is reversed, and the cause is remanded to the motion court for dismissal of Appellant’s motion.

Appellant was charged as a prior and persistent offender with one count of assault in the first degree, § 565.050, as a result of an attack on Thomas E. Smith. On July 12, 2002, pursuant to a plea agreement, Appellant appeared before the Circuit Court of Jackson County and entered a plea of guilty…