KELVIN KEITH WILSON
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 criminal cases that became final before the change in law was established.
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Join FLexlaw to unlock all legal intelligence“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”
Court's rationale for affirming denial of rule 3.800 motion
Kelvin K. Wilson appealed an order denying his rule 3.800 motion in a criminal case from Okeechobee County that had been final since 2009.…
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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
KELVIN K. WILSON, Appellant,
v.
STATE OF FLORIDA, Appellee.
No. 4D2025-2234
[October 15, 2025]
Appeal of order denying rule 3.800 motion from the Circuit Court for the Nineteenth Judicial Circuit, Okeechobee County; Laurie E. Buchanan and Leatha D. Mullins, Judges; L.T. Case No. 2009000344CFA.
Kelvin K. Wilson, Avon Park, 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).
MAY, FORST 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)