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466 S.W.3d 570

Waring v. State

Missouri Court of Appeals

Decided April 7, 2015

Missouri Court of Appeals · decided 2015-04-07

Relies on Wilson v. State · Pamela D. Ramsey v. State of Missouri

Decided 2015-04-07

PER CURIAM.

¶1Walter Waring timely filed an indigency affidavit and pro se motion for Rule 24.035 relief from his felony DWI convictions. The motion court summarily denied relief without appointing counsel for Waring, *571who claims this was error. The state agrees, as do we.

¶2“When an indigent movant files a pro se motion, the court shall cause counsel to be appointed for the movant.” Rule 24.035(e). Such appointment “is mandatory.” Ramsey v. State, 438 S.W.3d 521, 522 (Mo.App.2014). “A motion court that dismisses a pro se Rule 24.035 motion without appointing counsel commits clear error.” Id. See also Wilson v. State, 415 S.W.3d 727, 728 (Mo.App.2013).

¶3We reverse, remand, and direct the motion court to appoint counsel for Waring and proceed further after that appointment. Id.

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