WHITBY v. STATE

No. 69365.

930 S.W.2d 68 (1996)

Kenneth WHITBY, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Eastern District, Division One.

August 27, 1996.


Attorney(s) appearing for the Case

John M. Schilmoeller, Asst. Public Defender, St. Louis, for appellant.

Jeremiah W. (Jay) Nixon, Attorney General, Breck K. Burgess, Assistant Attorney General, Jefferson City, for respondent.


GARY M. GAERTNER, Judge.

Appellant, Kenneth Whitby ("movant"), appeals the judgment of the Circuit Court for the City of St. Louis denying his Rule 24.035 motion without an evidentiary hearing. We vacate the judgment of the motion court and remand for dismissal.

On July 13, 1993, movant pled guilty to one count of distribution of a controlled substance and two counts of sale of a controlled substance, RSMo § 195.211 (1994), and was sentenced to ten years...

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