PABLO DIAZ
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 does not apply retroactively to cases that were final when the change was decided.
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Join FLexlaw to unlock all legal intelligencePablo Diaz appealed a judgment from the Circuit Court for Miami-Dade County. The appeal involved the retroactive application of a recent legal change.…
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Third District Court of Appeal State of Florida
Opinion filed October 8, 2025. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D25-0457 Lower Tribunal No. F03-16995 ________________
Pablo Diaz, Appellant,
vs.
State of Florida, Appellee.
An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Ramiro C. Areces, Judge.
Law Office of Daniel J. Tibbitt, P.A., and Daniel J. Tibbitt, for appellant.
James Uthmeier, Attorney General, for appellee.
Before EMAS, MILLER and LOBREE, JJ.
PER CURIAM.
Affirmed. See Wainwright v. State, 411 So. 3d 392, 399 (Fla. 2025)
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)
- Arias v. State, 413 So. 3d 999 (Fla. 3d DCA 2025)