KENNETH BROWN
v.
STATE OF FLORIDA
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A change in law established by Erlinger v. United States does not apply retroactively to convictions that were final before the decision.
[1] A change in law established after a conviction becomes final does not apply retroactively to that conviction, even if the change would have altered the outcome at the tim…
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Join FLexlaw to unlock all legal intelligenceKenneth Brown appealed the denial of his rule 3.800 motion in a criminal case from Broward County. The motion was filed in connection with a convictio…
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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
KENNETH BROWN, Appellant,
v.
STATE OF FLORIDA, Appellee.
No. 4D2025-0861
[August 27, 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. 96-003522-CF-10A.
Kenneth Brown, Blountstown, 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, 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 of law, it does not apply retroactively).
MAY, GERBER 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)
- Magneson v. State, 368 So. 3d 531 (Fla. 4th DCA 2024)