Johnson v. State

GARY M. GAERTNER, SR., Presiding Judge.

Appellant, Darryl Johnson (“movant”), appeals the judgment of the Circuit Court of the City of St. Louis dismissing his Rule 24.0351 motion for post-conviction relief without an evidentiary hearing. Movant seeks to vacate his convictions for assault in the first-degree, section 565.050 RSMo 2000,2 and armed criminal action, section 571.015. Movant was sentenced to concurrent terms of twenty years and three years imprisonment, respectively. We reverse and remand.

On January 16, 2001, movant pled guilty to assault in the first degree, armed criminal action,…