Narrative Opinion Summary
Steven Burns, sentenced in 1999 to eight concurrent thirty-five year terms for second-degree murder, robbery with a firearm, and armed burglary, appeals the denial of his postconviction relief motion under Florida Rule of Criminal Procedure 3.850. He claims his sentence is illegal based on Kelsey v. State, 206 So.3d 5 (Fla. 2016). The court affirms the denial, stating that Burns' sentences do not violate Kelsey as they do not constitute life, mandatory life, or de facto life sentences. Additionally, since he was not sentenced to life with the possibility of parole after twenty-five years, the ruling in State v. Michel, 257 So.3d 3 (Fla. 2018), is deemed irrelevant. The decision is affirmed with concurrence from Judges Lewis, Makar, and M.K. Thomas.
Legal Issues Addressed
Application of Kelsey v. State in Sentencing Reviewsubscribe to see similar legal issues
Application: The court determined that Burns' sentences did not violate the principles established in Kelsey v. State as they do not equate to life, mandatory life, or de facto life sentences.
Reasoning: The court affirms the denial, stating that Burns' sentences do not violate Kelsey as they do not constitute life, mandatory life, or de facto life sentences.
Postconviction Relief under Florida Rule of Criminal Procedure 3.850subscribe to see similar legal issues
Application: Burns' appeal for postconviction relief was denied because his claim of an illegal sentence did not meet the necessary criteria under Florida Rule of Criminal Procedure 3.850.
Reasoning: Steven Burns...appeals the denial of his postconviction relief motion under Florida Rule of Criminal Procedure 3.850.
Relevance of State v. Michel in Parole Eligibilitysubscribe to see similar legal issues
Application: The court found the ruling in State v. Michel irrelevant to Burns' case because he was not sentenced to life with the possibility of parole after twenty-five years.
Reasoning: Additionally, since he was not sentenced to life with the possibility of parole after twenty-five years, the ruling in State v. Michel, 257 So.3d 3 (Fla. 2018), is deemed irrelevant.