Weems v. State

Movant, then defendant, was jury-convicted on two counts of stealing by deceit. The jury fixed punishment at five years of imprisonment on each count. No motion for a new trial was filed. After affording allocution, the court pronounced sentences in accordance with the verdicts and specified that “in the discretion of the court and not by reason of any statutory requirements” the sentences would run consecutively. There was no appeal. We now, however, have an appeal, following eviden-tiary hearing, from the court’s denial of movant’s Rule 27.26 motion, V.A.M.R., to amend or vacate the…