LAWRENCE FLOOD, JR.
v.
STATE OF FLORIDA
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A change in law established by Erlinger v. United States does not apply retroactively to cases already final on direct appeal.
[1] A change in law established by subsequent appellate decision does not apply retroactively to cases that were final on direct appeal prior to the change.
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Join FLexlaw to unlock all legal intelligenceLawrence D. Flood, Jr. filed a rule 3.800 motion in the Circuit Court for Martin County seeking relief from his conviction. The trial court denied the…
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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
LAWRENCE D. FLOOD, JR., Appellant,
v.
STATE OF FLORIDA, Appellee.
No. 4D2025-2108
[September 17, 2025]
Appeal of order denying rule 3.800 motion from the Circuit Court for the Nineteenth Judicial Circuit, Martin County; William L. Roby, Judge; L.T. Case No. 432013CF000634A.
Lawrence D. Flood, Jr., Okeechobee, pro se.
No appearance required for appellee.
PER CURIAM.
Affirmed. See Wainwright v. State, 411 So. 3d 392 (Fla. 2025), cert. denied sub nom. Wainwright v. Florida, 2025 WL 1621505 (2025) (even if Erlinger v. United States, 602 U.S. 821, (2024), constitutes a change of law, it does not apply retroactively); see also Maye v. State, 368 So. 3d 531, 532 (Fla. 6th DCA 2023), review granted, No. SC2023-1184, 2024 WL 1796831 (Fla. Apr. 25, 2024).
MAY, GERBER and KLINGENSMITH, 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)
- Wainwright v. State, 411 So. 3d 392 (Fla. 2025)
- Magneson v. State, 368 So. 3d 531 (Fla. 4th DCA 2024)