Shivers v. State

In this appeal of an order denying his rule 3.800(a) motion, the defendant asserts that his forty-year consecutive sentences on two counts of robbery were illegal because his co-defendant, who was tried by jury along with him and convicted of the same crimes, received only fifteen-year concurrent sentences. He also contends that the trial court improperly imposed consecutive sentences for the two robbery counts because they occurred in the same criminal episode without any temporal break.

Whether a defendant’s sentence is disproportionate as compared to his co-defendant’s sentence is not…