SANTIAGO MILIAN
v.
STATE OF FLORIDA

Fla. 3d DCA | 2026-02-11
No. 2025-1611
Florida District Court of Appeal, Third District (2026)

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Holding

A change in law announced in Erlinger v. United States does not apply retroactively to cases that became final before the decision was issued.


Facts & Procedural History

Santiago Milian was convicted in a Florida state court. The case had become final before Erlinger v. United States was decided.…

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Opinion of the Court

PER CURIAM.

Affirmed. See Wainwright v. State, 411 So. 3d 392, 399 (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); Arias v. State, 413 So. 3d 999 (Fla. 3d DCA 2025); see also Whitfield v. Singletary, 730 So. 2d 314, 315 (Fla. 3d DCA 1999).


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