Mullin v. State

HOLMAN, Presiding Judge.

Movant (hereinafter referred to as defendant) has appealed from an order dismissing his motion to vacate filed pursuant to Rule 27.26, V.A.M.R. We affirm.

Defendant was convicted of the offenses of burglary and stealing and the jury fixed his punishment at imprisonment for a term of five years on each offense. The court sentenced the defendant in accordance with the verdict of the jury and ordered that the sentences run consecutively. The sole question presented on this appeal is the power of the trial court to determine whether the sentences should be served…