EDGARDO ACOSTA
v.
STATE OF FLORIDA

Fla. 4th DCA | 2025-12-03
No. 2025-2505
Bober, J., Kuntz, C.J., Forst, J., Shepherd, J.
Florida District Court of Appeal, Fourth District (2025)

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.


Holding

A change in law established by Erlinger v. United States does not apply retroactively to cases on collateral review.


Headnotes

[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…

Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

Edgardo Acosta filed a Rule 3.800 motion in a criminal case from 2008. The trial court denied the motion.…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court

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

Full citator, related cases, and AI research tools

Open in FLexlaw