RAPHAEL CHARISTIL
v.
STATE OF FLORIDA
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A change in law established by Erlinger v. United States does not apply retroactively to cases that were final when the decision was issued.
[1] A change in law established by a United States Supreme Court decision does not apply retroactively to criminal cases that became final before the decision was issued.
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Join FLexlaw to unlock all legal intelligenceRaphael Charistil appealed an order denying his rule 3.800 motion in a criminal case from Broward County.…
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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
RAPHAEL CHARISTIL, Appellant,
v.
STATE OF FLORIDA, Appellee.
No. 4D2025-0969
[August 20, 2025]
Appeal of order denying rule 3.800 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Martin S. Fein, Judge; L.T. Case No. 09-5699CF10A.
Raphael Charistil, Wewahitchka, pro se.
No appearance required for appellee.
PER CURIAM.
Affirmed. See Wainwright v. State, No. SC2025-0708, 2025 WL 1561151 (Fla. June 3, 2025) (holding that, even if Erlinger v. United States, 602 U.S. 821 (2024), constitutes a change in law, it does not apply retroactively to cases that were final when it was decided); see also Chapa v. State, 159 So. 3d 362 (Fla. 4th DCA 2015).
KUNTZ, C.J., LEVINE and CONNER, JJ., concur.
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Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Erlinger v. United States, 602 U.S. 821 (U.S. 2024)
- R.E.C., III v. State, 159 So. 3d 362 (Fla. 4th DCA 2015)