Tooley v. State

PER CURIAM. 1

David Wayne Tooley was convicted of criminal non-support. Section 568.0J+0. 2 He filed a motion pursuant to Rule 24.035. The motion was overruled without an evi-dentiary hearing. No findings of fact or conclusions of law were filed. The judgment is reversed, and the case is remanded.

The appellant claims he was denied his constitutional rights to due process of law because the motion court failed: (1) to appoint counsel, as required by Rule 24.035(e), or to give him the opportunity to file an amended motion, as permitted by Rule 24.035(g); and (2) to issue findings of fact and…