Fountain-Bey v. State

OPINION

Dewarren Fountain-Bey (Movant) appeals the judgment denying his Rule 24.035 motion for post-conviction relief. We reverse and remand.

On October 5, 1992, Movant pleaded guilty to first degree burglary in violation of section 569.160, RSMo 1994, and attempted felony stealing in violation of sections 564.011 and 570.030, RSMo 1994. The court deferred sentencing for a pre-sentence investigation. Movant faded to appear for sentencing and the court issued a warrant for his arrest. On July 17,1997, Movant appeared for sentencing. At that time, the trial court sentenced him to fifteen years…