Burns v. State

DAVIS, Judge.

Elvis Burns challenges the posteonviction 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. The postconviction court denied the motion.

Burns’ sentences in the two cases stem from charges filed in separate infor-mations, and the…