RICCI LORENZO MOBLEY
v.
STATE OF FLORIDA

Fla. 4th DCA | 2025-09-17
No. 2023-3139
Kuntz, C.J., May, J., Klingensmith, J., Levin, J.
2025 FL 8033 Florida District Court of Appeal, Fourth District (2025)

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Holding

Even if Erlinger v. United States constitutes a change of law, it does not apply retroactively to cases on direct appeal.


Headnotes

[1] A change in law established by a United States Supreme Court decision does not apply retroactively to cases on direct appeal unless the decision itself provides for retro…

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Facts & Procedural History

Ricci Lorenzo Mobley appealed a conviction from the Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County.…

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Opinion of the Court
Kuntz

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

RICCI LORENZO MOBLEY, Appellant,

v.

STATE OF FLORIDA, Appellee.

No. 4D2023-3139

[September 17, 2025]

Appeal from the Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County; Steven J. Levin, Judge; L.T. Case No. 562021CF001311.

Daniel Eisinger, Public Defender, and Virginia Murphy, Assistant Public Defender, West Palm Beach, for appellant.

James Uthmeier, Attorney General, Tallahassee, and Sorraya M. Solages-Jones, Senior 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) (even if Erlinger v. United States, 602 U.S. 821 (2024), constitutes a change of law, it does not apply retroactively).

KUNTZ, C.J., MAY and KLINGENSMITH, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.


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