Smiley v. State

KENNETH W. SHRUM, Presiding Judge.

Joseph Smiley (“Movant”) sought post-conviction relief via a Rule 29.15 motion after he was convicted on two counts of burglary in the second degree (§ 569.170).1 In his motion, Movant alleged that he was *675denied his constitutional right to counsel because the trial court failed to appoint an attorney to represent him in preparation for a direct criminal appeal. After Movant waived an evidentiary hearing, the motion court denied Movant’s requested relief. We reverse and remand.

STANDARD OF REVIEW

In a post-conviction case, an appellate court must affirm the…