TRAHN BOWENS
v.
STATE OF FLORIDA

Fla. 4th DCA | 2025-07-09
No. 2025-0904
Fein, J., Kuntz, C.J., Forst, J., Klingensmith, J.
2025 FL 5816 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 established by a United States Supreme Court decision does not apply retroactively to cases already final on direct appeal, and therefore cannot support a…

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Facts & Procedural History

Trahn Bowens filed a rule 3.800 motion in a criminal case from 2006 seeking relief based on Erlinger v. United States, a 2024 Supreme Court decision.…

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Opinion of the Court
Kuntz

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

TRAHN BOWENS, Appellant,

v.

STATE OF FLORIDA, Appellee.

No. 4D2025-0904

[July 9, 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. 06-12761CF10A.

Trahn Bowens, Malone, pro se.

No appearance required 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).

KUNTZ, C.J., FORST and KLINGENSMITH, JJ., concur.

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