JOSE MATEO
v.
STATE OF FLORIDA

Fla. 3d DCA | 2026-04-08
No. 2026-0270
Miranda, J., Fernandez, J., Gordo, J., Bokor, J.
2026 FL 3979 Florida District Court of Appeal, Third District (2026) Caution
Cited by 23 cases

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Synopsis

Jose Mateo appealed a conviction in Miami-Dade County, raising issues regarding retroactive application of a change in law. The Third District Court of Appeal affirmed the conviction, holding that even if a legal change occurred (referencing Erlinger), it does not apply retroactively to Mateo's case.

Holding

The court affirmed the conviction, rejecting the argument that even if Erlinger constitutes a change of law, it does not apply retroactively to the appellant's case.

Headnotes

[1] A change in law does not apply retroactively to cases that became final before the change in law occurred.

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Key Quotes

“We reject Wainwright's argument because even if Erlinger constitutes a change of law, it does not apply retroactively.”

Establishes the core holding that legal changes do not apply retroactively to prior convictions.
Facts & Procedural History

The case involves an appeal from a conviction in the Circuit Court for Miami-Dade County. The opinion does not elaborate on the underlying facts of th…

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Topics
Standard Of Appellate Review Retroactive Application Of Statutes

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Opinion of the Court

Third District Court of Appeal State of Florida

Opinion filed April 8, 2026. Not final until disposition of timely filed motion for rehearing.

No. 3D26-0270 Lower Tribunal No. F14-17002 A

Jose Mateo, 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, Cristina Miranda, Judge.

Jose Mateo, in proper person.

James Uthmeier, Attorney General, and Yolande M. Samerson, Assistant Attorney General, for appellee.

Before FERNANDEZ, GORDO AND BOKOR, JJ.

PER CURIAM.

Affirmed. See Wainwright v. State, 411 So. 3d 392, 399 (Fla. 2025), cert. denied sub nom. Wainwright v. Florida, 145 S. Ct. 2789 (2025) (“We reject Wainwright's argument because even if Erlinger constitutes a change of law, it does not apply retroactively.”); Pace v. State, 415 So. 3d 750, 751 (Fla. 3d DCA 2025) (same); Perez v. State, 421 So. 3d 759, 760 (Fla. 3d DCA 2025) (same).

2

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Citator

Cited By (21 total)

  • Mateo v. State (Fla. 3d DCA 2026)
    …iranda, Judge. Jose Mateo, in proper person. James Uthmeier, Attorney General, and Yolande M. Samerson, Assistant Attorney General, for appellee. Before FERNANDEZ, GORDO AND BOKOR, JJ. PER CURIAM. ---PAGE 2--- Affirmed. See Wainwright v. State, 411 So. 3d 392, 399 (Fla. 2025), cert. denied sub nom. Wainwright v. Florida, 145 S. Ct. 2789 (2025) (“We reject Wainwright's argument because even if Erlinger constitutes a change of law, it does not apply retroactively.”); Pace v. State, 415 So. 3d 750, 751 (Fla…
    1 / 3
  • Kayle B. Bates v. State of Fla. & Kayle B. Bates v. Sec'y, 416 So. 3d 312 (Fla. 2025)
  • Rodriguez v. State (Fla. 3d DCA 2026)

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