JAMES RAY BOOTH
v.
STATE OF FLORIDA

Fla. 5th DCA | 2025-06-24
No. 2025-1312
Merritt, J., Edwards, C.J., Soud, J., MacIver, J.
2025 FL 5209 Florida District Court of Appeal, Fifth District (2025)

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Holding

Even if Erlinger v. United States constitutes a change of law, it does not apply retroactively.


Headnotes

[1] A change in law established by a United States Supreme Court decision does not apply retroactively to cases that were final before the decision was rendered.

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Facts & Procedural History

James Ray Booth appealed from a circuit court decision in a criminal case (case number 2006-CF-002030-A) in Hernando County.…

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Opinion of the Court
Edwards

FIFTH DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________ Case No. 5D2025-1312 LT Case No. 2006-CF-002030-A _____________________________ JAMES RAY BOOTH, Appellant, v. STATE OF FLORIDA, Appellee. _____________________________ 3.800 Appeal from the Circuit Court for Hernando County. Daniel B. Merritt, Jr., Judge. James Ray Booth, Bushnell, pro se. No Appearance for Appellee. June 24, 2025

PER CURIAM.

AFFIRMED. See Wainwright v. State, 50 Fla. L. Weekly S108 (Fla. June 3, 2025) (concluding “even if Erlinger [v. United States, 602 U.S. 821 (2024),] constitutes a change of law, it does not apply retroactively.”). EDWARDS, C.J., and SOUD and MACIVER, JJ., concur.

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