PAYNE v. STATE

No. 63241.

864 S.W.2d 17 (1993)

Kenneth PAYNE, Movant/Appellant, v. STATE of Missouri, Respondent/Respondent.

Missouri Court of Appeals, Eastern District, Division One.

October 19, 1993.


Attorney(s) appearing for the Case

Dave Hemingway, St. Louis, for movant/appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., F. Martin Dajani, Asst. Atty. Gen., Jefferson City, for respondent/respondent.


REINHARD, Judge.

Movant appeals from the denial of his Rule 24.035 motion without an evidentiary hearing. We affirm in part, and reverse and remand in part.

On May 6, 1988, movant pled guilty to one count of second-degree burglary, § 569.170, RSMo 1986, and two counts of stealing $150.00 or more, § 570.030, RSMo 1986. At the plea hearing, movant admitted, in his own words, that he had committed acts sufficient to support convictions on the charges...

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