MARTIN v. STATE

No. 66212.

895 S.W.2d 602 (1995)

Tommy J. MARTIN, Movant/Appellant, v. STATE of Missouri, Respondent/Respondent.

Missouri Court of Appeals, Eastern District, Division One.

Motion for Rehearing and/or Transfer Denied April 3, 1995.


Attorney(s) appearing for the Case

Dave Hemingway, Asst. Public Defender, St. Louis, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Christine M. Kocot, Asst. Atty. Gen., Jefferson City, for respondent.


Motion for Rehearing and/or Transfer to Supreme Court Denied April 3, 1995.

REINHARD, Presiding Judge.

Movant appeals the denial, without an evidentiary hearing, of his Rule 24.035 motion for post-conviction relief. We reverse and remand.

On June 17, 1993, movant was indicted in cause No. 93CR-001396 for stealing $150 or more, § 570.030, RSMo 1986. On July 23, 1993, movant was again indicted in cause No. 93CR-003384 for Count I—stealing...

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