STEVEN BURNS
v.
STATE OF FLORIDA
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A thirty-five-year sentence imposed on a juvenile for concurrent offenses of second-degree murder, robbery with a firearm, and armed burglary does not violate Kelsey v. State and is not an illegal sentence.
[1] A sentence of thirty-five years imposed on a juvenile for concurrent offenses does not constitute a life sentence, mandatory life sentence, or de facto life sentence in violation of Kelsey v. …
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Join FLexlaw to unlock all legal intelligenceSteven Burns was sentenced in 1999 to eight concurrent sentences of thirty-five years' imprisonment for second-degree murder, robbery with a firearm, …
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April 3, 2019 PER CURIAM.
Steven Burns was sentenced in 1999 to eight concurrent sentences of thirty-five years’ imprisonment for the offenses of second-degree murder, robbery with a firearm, and two counts of armed burglary, among others. He was fourteen when he committed the crimes. He now appeals the denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. He asserts that his sentence is illegal under Kelsey v. State, 206 So. 3d 5 (Fla. 2016). We disagree and affirm.
Burns’ thirty-five year sentences do not violate Kelsey. Id. He was not sentenced to a life, mandatory life, or a de facto life sentence. See Davis v. State, 214 So. 3d 799 (Fla. 1st DCA 2017).
Furthermore, as Burns was not sentenced to life with possibility of parole after twenty-five years, the decision of State v. Michel, 257 So. 3d 3 (Fla. 2018), is inapplicable.
AFFIRMED.
LEWIS, MAKAR, and M.K. THOMAS, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ Steven Burns, pro se, Appellant. Ashley Moody, Attorney General, and Quentin Humphrey, Assistant Attorney General, Tallahassee, for Appellee.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Cook v. State (Fla. 1st DCA 2019)
Authorities Cited
- Kelsey v. State, 206 So.3d 5 (Fla. 2016)
- State v. Budry Michel, 257 So. 3d 3 (Fla. 2018)
- Damien Davis v. State, 214 So. 3d 799 (Fla. 1st DCA 2017)