Loving v. State

Appellant/Loving appeals his conviction and eight year sentence, urging alternatively that the sentence should be made concurrent with a federal sentence partially served or that he should be allowed to withdraw his guilty plea. We cannot agree; the sentences are independent. The new state sentence, however, should have been made effective the date it was imposed. We remand for resentencing.

Mr. Loving was arrested by state authorities for robbery in 1968. While out on bail pending sentencing, he was arrested on a federal robbery charge. On May 28, 1969, he was sentenced to forty years on the…