Ennis v. State

GARRISON, Presiding Judge.

Alvin Ennis (Movant) was sentenced to two concurrent ten-year terms after pleading guilty to two counts of sodomy, § 566.060. 1 Thereafter he filed a timely motion to set aside the judgment and sentence pursuant to Rule 24.035 2 in which he alleged, among other things, that the trial court had violated Rule 24.02(e) by not determining that a factual basis existed for the guilty pleas. The motion was denied after Movant, by appointed counsel, requested that the court “take judicial notice of the files in this matter and rule movant’s motion based upon the record.”

Movan…