TIMOTHY HARTMAN
v.
STATE OF FLORIDA

Fla. 4th DCA | 2025-07-02
No. 2025-0977
Coleman, J., Ciklin, J., Gerber, J., Conner, J.
2025 FL 5591 Florida District Court of Appeal, Fourth District (2025)

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Holding

A change in law established by Erlinger v. United States does not apply retroactively to cases already final on direct appeal.


Headnotes

[1] A change in law does not apply retroactively to criminal cases that were final on direct appeal prior to the change.

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Facts & Procedural History

Timothy Hartman filed a rule 3.800 motion in a criminal case from 2002. The trial court denied the motion.…

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Opinion of the Court
Conner

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

TIMOTHY HARTMAN, Appellant,

v.

STATE OF FLORIDA, Appellee.

No. 4D2025-0977

[July 2, 2025]

Appeal of order denying rule 3.800 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Thomas J. Coleman, Judge; L.T. Case No. 02-006875-CF10A.

Timothy Hartman, Blountstown, pro se.

No appearance required for appellee.

PER CURIAM.

Affirmed. See Wainwright v. State, 2025 WL 1561151, at *5 (Fla. 2025) (even if Erlinger v. United States, 602 U.S. 821 (2024), constitutes a change of law, it does not apply retroactively).

CIKLIN, GERBER and CONNER, JJ., concur.

* * *


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