DARRYL MYERS
v.
STATE OF FLORIDA
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A change in law established by Erlinger v. United States does not apply retroactively to cases that were final when the decision was rendered.
[1] A change in law established by a subsequent appellate decision does not apply retroactively to criminal cases that became final before the decision was rendered.
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Join FLexlaw to unlock all legal intelligenceDarryl Myers filed a rule 3.800 motion in a criminal case from 2008. The trial court denied the motion, and Myers appealed.…
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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
DARRYL MYERS, Appellant,
v.
STATE OF FLORIDA, Appellee.
No. 4D2025-1896
[September 24, 2025]
Appeal of order denying rule 3.800 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Michael Usan, Judge; L.T. Case No. 08-9591CF10A.
Darryl Myers, Jasper, pro se.
No appearance required for appellee.
PER CURIAM.
Affirmed. See 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 in law, it does not apply retroactively to cases that were final when it was decided).
GROSS, MAY and FORST, 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)