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Ramsey v. State

Court of Appeals of Missouri, Eastern District, Third Division

August 19, 2014

PAMELA D. RAMSEY, Appellant,
v.
STATE OF MISSOURI, Respondent

Appeal from the Circuit Court of the City of St. Louis. 1322-CC00677. Honorable Thomas J. Frawley.

For Appellant: Maleaner Harvey, St. Louis, MO.

For Respondent: Chris Koster, Andrew C. Hooper, Jefferson City, MO.

Gary M. Gaertner, Jr., Judge. Kurt S. Odenwald, P.J., concurs. Robert G. Dowd, J., concurs.

OPINION

Gary M. Gaertner, Jr., Judge.

Introduction

Pamela D. Ramsey (Movant) appeals the motion court's judgment denying her pro se Rule 24.035 Motion to Vacate, Set Aside, or Correct the Judgment or Sentence (Rule 24.035 motion). We reverse and remand with instructions to the motion court to appoint counsel and provide Movant with the opportunity to amend her motion.

Background

On December 29, 2009, Movant was charged by indictment with three counts of the class C felony of burglary in the second degree (Counts 1, 3, and 5) and three counts of the class C felony of stealing over $500 (Counts 2, 4, and 6). All charges arose out of events that had occurred on November 23, 2009. Movant was also charged as a prior offender.

On March 9, 2010, Movant pled guilty to all counts. On April 28, 2010, the trial court suspended imposition of sentence, placed Movant on probation for two years, ordered Movant to complete a program at the Community Wellness project, entered a $46 judgment against Movant for the crime victims compensation fund (CVCF), and waived costs. On March 15, 2012, the trial court extended Movant's term of probation to allow her time to pay the $46 CVCF. On November 30, 2012, the trial court found Movant in violation of the terms of her probation, specifically having committed a laws violation. The trial court revoked Movant's probation and sentenced her to seven years' imprisonment on each count, with Counts 1 and 2 to be consecutive for a total of fourteen years in the Missouri Department of Corrections.

On March 19, 2013, Movant filed her timely pro se Rule 24.035 motion, wherein

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she alleged ineffective assistance of counsel and an improper probation revocation. Movant also filed a Forma Pauperis Affidavit with her motion. On June 24, 2013, the Public Defender's Office on its own volition entered their appearance on Movant's behalf prior to appointment by the motion court and requested additional time to file an amended motion. The motion court never in fact appointed counsel for Movant and never allowed the Public Defender's Office an extension to amend Movant's pro se motion.

On July 11, 2013, the court entered an Order and Judgment denying Movant's pro se Rule 24.035 motion. In justifying its decision not to appoint ...


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