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Elvis C. BURNS a/k/a Elvis Shine, Appellant, v. STATE of Florida, Appellee. No. 2D08-389

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District Court of Appeal of Florida, Second District. Elvis C. BURNS a/k/a Elvis Shine, Appellant, v. STATE of Florida, Appellee. No. 2D08-389. Dec. 3, 2008. Appeal pursuant to Fla. R.App. P. 9.141(b)(2) from the Circuit Court for Sarasota County; Charles E. Roberts, Judge. DAVIS, Judge. *1 Elvis Burns challenges the postconviction court’s order denying his motion for clarification filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Burns did not allege that his sentence was illegal but rather that the Department of Corrections erred in running his sentences in cases 2003-CF-10242 and 2003-CF-5174 consecutively. In his motion, he asked the trial court to clarify for the Department the concurrent nature of his sentences...continue to full post

Full post as published by Florida Criminal Law Opinions on December 03, 2008 (boomark / email).