TORIC YEARBY
v.
STATE OF FLORIDA
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A change in law established by Erlinger v. United States does not apply retroactively to cases already final on direct appeal.
[1] A change in law established by subsequent appellate decision does not apply retroactively to cases in which the judgment is already final on direct appeal.
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Join FLexlaw to unlock all legal intelligenceToric Yearby filed a rule 3.800 motion in a criminal case from 1999. The trial court denied the motion.…
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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
TORIC YEARBY, Appellant,
v.
STATE OF FLORIDA, Appellee.
No. 4D2025-0984
[July 2, 2025]
Appeal of order denying rule 3.800 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Martin S. Fein, Judge; L.T. Case No. 99-011337-CF10A.
Toric Yearby, Trenton, pro se.
No appearance for appellee.
PER CURIAM.
Affirmed. See Wainwright v. State, No. SC2025-0708, 2025 WL 1561151 (Fla. June 3, 2025) (holding that even if Erlinger v. United States, 602 U.S. 821 (2024), constitutes a change of law, it does not apply retroactively).
DAMOORGIAN, GERBER and LEVINE, JJ., concur.
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