FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D17-1953
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STEVEN BURNS,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
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On appeal from the Circuit Court for Levy County.
Mark W. Moseley, Judge.
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.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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Steven Burns, pro se, Appellant.
Ashley Moody, Attorney General, and Quentin Humphrey,
Assistant Attorney General, Tallahassee, for Appellee.
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