EDGARDO ACOSTA
v.
STATE OF FLORIDA
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A change in law established by Erlinger v. United States does not apply retroactively to cases on collateral review.
[1] A change in law established by the United States Supreme Court does not apply retroactively to cases on collateral review absent a determination that retroactive applicat…
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Join FLexlaw to unlock all legal intelligenceEdgardo Acosta filed a Rule 3.800 motion in a criminal case from 2008. The trial court denied the motion.…
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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT
EDGARDO ACOSTA, Appellant,
v.
STATE OF FLORIDA, Appellee.
No. 4D2025-2505
[December 3, 2025]
Appeal of order denying rule 3.800 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Bernard I. Bober, Judge; L.T. Case No. 08-007488CF10A.
Edgardo Acosta, Crestview, pro se.
No appearance required for appellee.
PER CURIAM.
Affirmed. See Maye v. State, 368 So. 3d 531, 532 (Fla. 6th DCA 2023), review granted, No. SC2023-1184, 2024 WL 1796831 (Fla. Apr. 25, 2024); Wainwright v. State, 411 So. 3d 392 (Fla. 2025) (holding that even if Erlinger v. United States, 602 U.S. 821, 144 S.Ct. 1840, 219 L.Ed.2d 451 (2024), constitutes a change of law, it does not apply retroactively).
KUNTZ, C.J., FORST and SHEPHERD, JJ., concur.
* * *
Not final until disposition of timely-filed motion for rehearing.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Erlinger v. United States, 602 U.S. 821 (U.S. 2024)
- Magneson v. State, 368 So. 3d 531 (Fla. 4th DCA 2024)
- Wainwright v. State, 411 So. 3d 392 (Fla. 2025)