Dorsey v. State
Dorsey v. State
Opinion of the Court
Movant, Robert E. Dorsey, appeals from the motion court’s denial, without a hearing, of his Rule 27.26 motion.
Section 558.026.1, RSMo (1986) states: “multiple sentences of imprisonment shall run concurrently unless the court specifies that they shall run consecutively....”
Missouri courts have universally held Section 558.026 places the discretion whether to impose concurrent or consecutive sentences in the trial court. State v. Garbe, 740 S.W.2d 266, 268 (Mo.App. 1987). The trial court in this case specified that the eight-year sentence would run consecutively to the two ten-year sentences. The trial court acted within its discretion.
The judgment and sentence of the trial court are not clearly erroneous. Rule 27.-26(j). We affirm.
. Rule 27.26 was repealed, effective January 1, 1988. However, this appeal is governed by Rule 27.26 because the sentence was pronounced pri- or to January 1, 1988, and movant's Rule 27.26 motion was then pending. See, Rule 24.035, effective January 1, 1988.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.