State Ex Rel. Zinna v. Steele

LAURA DENVIR STITH, Judge.

On March 14, 2003, Anthony Zinna pleaded guilty to possession of a controlled substance in a correctional facility and received a five-year sentence. Although the trial court had indicated at the sentencing hearing that it would make that sentence consecutive to the sentences Mr. Zinna then was serving, its oral pronouncement of sentence was silent as to whether the sentence would be concurrent or consecutive. Rule 29.09 provides that when the trial court does not state whether a sentence will be concurrent or consecutive, it is concurrent. Nonetheless, the trial…