CORY E. EMORY
v.
STATE OF FLORIDA

Fla. 4th DCA | 2025-08-27
No. 2025-0439
Heisey, J., Levine, J., Conner, J., Forst, J.
2025 FL 7439 Florida District Court of Appeal, Fourth District (2025)

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Holding

A change in law established by Erlinger v. United States does not apply retroactively to cases that were final before the decision.

Headnotes

[1] A change in law does not apply retroactively to cases that became final before the change was established.

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Facts & Procedural History

Cory E. Emory appealed an order denying his rule 3.800 motion in a criminal case from 2006. The appeal involved the retroactive application of Erlinge…

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Topics
Motion Florida Rule Of Criminal Procedure 3.800(A) Retroactive Application Of Statutes

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Opinion of the Court
Forst

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

CORY E. EMORY, Appellant,

v.

STATE OF FLORIDA, Appellee.

No. 4D2025-0439

[August 27, 2025]

Appeal of order denying rule 3.800 motion from the Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County; Michael C. Heisey, Judge; L.T. Case No. 2006CF002993A.

Cory E. Emory, Chipley, pro se.

James Uthmeier, Attorney General, Tallahassee, and Lindsay A. Warner, Assistant Attorney General, West Palm Beach, 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 (2024), constitutes a change of law, it does not apply retroactively).

LEVINE, CONNER and FORST, JJ., concur.

* * *

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