Podvin v. State

Rory Mark Podvin appeals an order denying postconviction relief. We reverse.

Defendant-appellant Podvin entered into a plea bargain in Miami-Dade County Circuit Court case number 98-28552, whereby his thirteen-month sentence in that case was to be concurrent and coterminous with Orange County Circuit Court case numbers 99-5117 and 99-6822. The Department of Corrections takes the position that by virtue of the 85% rule contained in section 944.27, Florida Statutes (1997), the thirteen-month Dade County sentence cannot be shortened to be coterminous with the Orange County sentences. The Orange…