Bowling v. State

COBB, Chief Judge.

The defendant, Daniel Bryan Bowling, filed a 3.850 motion below to correct his sentences in two cases (No. 80-3276 for grand theft and No. 80-3746 for robbery) so that they run concurrently. The basis asserted in his motion for relief is that it was “stipulated” that the robbery sentence of fifteen years was to run concurrently with the previously imposed theft sentence of four years.

The trial court denied the motion on the basis that “Florida Statutes 921.16 ... provided that sentences for offenses not charged in the same indictment, information or affidavit shall be served…