Blackford v. State

SPINDEN, Judge.

David Blackford appeals from the denial of his Rule 24.035 motion for post-conviction relief. He contends that the trial court and his trial attorney caused him to believe that he would receive a five-year prison sentence in exchange for his plea of guilty. Instead, the trial court sentenced him to seven years. We reverse the denial and remand for further proceedings.

The state charged Blackford with two counts of delivering a controlled substance pursuant to § 195.211, RSMo Supp.1991. Blackford agreed to plead guilty in exchange for the state’s promise to dismiss one of the two…