Rogers v. State, 17194

Decision Date05 June 1991
Docket NumberNo. 17194,17194
Citation810 S.W.2d 125
PartiesRonnie L. ROGERS, Movant-Appellant, v. STATE of Missouri, Respondent-Respondent.
CourtMissouri Court of Appeals

Judith C. LaRose, Columbia, for movant-appellant.

William L. Webster, Atty. Gen., Geoffrey W. Preckshot, Asst. Atty. Gen., Jefferson City, for respondent-respondent.

PREWITT, Judge.

Movant pled guilty to both counts of an information charging him with possession of controlled substances.He was sentenced to four years on Count I and three years on Count II, with the terms to run consecutively.

Movant filed a pro se motion under Rule 24.035 seeking to have the conviction and sentence vacated.Following appointment of counsel an amended motion was filed.Movant's counsel also requested a hearing on the motion.

Dated August 31, 1990, the docket sheet reflects "Court Reviews Record and finds no hearing required.Record shows that Motion is not to be Sustained and Court finds and orders Motion Dismissed Without Hearing."No other findings and conclusions were made.

Rule 24.035(i) provides in part that the trial court"shall issue findings of fact and conclusions of law on all issues presented, whether or not a hearing is held."The requirements under this rule and Rule 29.15(i) have not been literally applied on appeal if the findings were sufficient to allow meaningful appellate review.Tettamble v. State, 798 S.W.2d 489, 491(Mo.App.1990).

Here, as in Tettamble, there was more than one...

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3 cases
  • Barry v. State
    • United States
    • Missouri Supreme Court
    • March 23, 1993
    ...direct conflict with at least two recent court of appeals cases, Brown v. State, 810 S.W.2d 716, 718 (Mo.App.1991), and Rogers v. State, 810 S.W.2d 125 (Mo.App.1991). While Balow is similar to the case here, it relied on Townsend v. State, 740 S.W.2d 328 (Mo.App.1987), as controlling author......
  • Green v. State, 19577
    • United States
    • Missouri Court of Appeals
    • February 21, 1995
    ...findings of facts and conclusions of law as required by Rule 24.035(i). Brown v. State, 810 S.W.2d 716 (Mo.App.1991), and Rogers v. State, 810 S.W.2d 125 (Mo.App.1991), are similar to Holloway. Both cases were dismissed by docket entries. In Brown, the motion court's docket entry denying th......
  • State v. Cook, s. 18457
    • United States
    • Missouri Court of Appeals
    • May 27, 1997
    ...State v. Rouse, 866 S.W.2d 179, 180 (Mo.App.1993). See also State v. Sappington, 873 S.W.2d 618, 626-27 (Mo.App.1994); Rogers v. State, 810 S.W.2d 125 (Mo.App.1991). No. 18457 is dismissed. No. 21220 is reversed and remanded for the motion court to issue findings of fact and conclusions of ......

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