JIMMIE ERNEST GLOVER
v.
STATE OF FLORIDA

Fla. 4th DCA | 2025-08-27
No. 2025-1909
Linn, J., May, J., Conner, J., Klingensmith, J.
2025 FL 7444 Florida District Court of Appeal, Fourth District (2025)

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Holding

A change of law established in Erlinger v. United States does not apply retroactively to cases already final on direct appeal.


Headnotes

[1] A change of law established by a United States Supreme Court decision does not apply retroactively to convictions that were final on direct appeal prior to the decision.

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Facts & Procedural History

Jimmie Ernest Glover filed a rule 3.800 motion in the Circuit Court for St. Lucie County challenging his conviction in a 2014 criminal case. The trial…

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Opinion of the Court
Klingensmith

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

JIMMIE ERNEST GLOVER, Appellant,

v.

STATE OF FLORIDA, Appellee.

No. 4D2025-1909

[August 27, 2025]

Appeal of order denying rule 3.800 motion from the Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County; Michael Linn, Judge; L.T. Case No. 2014CF000591 A.

Jimmie Ernest Glover, Blountstown, pro se.

No appearance required for appellee.

PER CURIAM.

Affirmed. See Wainwright v. State, No. SC2025-0708, 2025 WL 1561151 (Fla. June 3, 2025), cert. denied sub nom. Wainwright v. Florida, No. 24- 7365, 2025 WL 1621505 (U.S. June 9, 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, CONNER and KLINGENSMITH, JJ., concur.

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