MARCEL THOMAS
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 Supreme Court decision does not apply retroactively to criminal cases already final on direct appeal.
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Join FLexlaw to unlock all legal intelligenceMarcel D. Thomas appealed the denial of his rule 3.800 motion in a criminal case from Palm Beach County. The motion was denied by the trial court.…
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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
MARCEL D. THOMAS, Appellant,
v.
STATE OF FLORIDA, Appellee.
No. 4D2025-1428
[July 16, 2025]
Appeal of order denying rule 3.800 motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Cymonie S. Rowe, Judge; L.T. Case No. 50-2013-CF-005008-AXXX-MB.
Marcel D. Thomas, Graceville, pro se.
No appearance required for appellee.
PER CURIAM.
Affirmed. See Wainwright v. State, SC2025-0708, --- So. 3d ---, 2025 WL 1561151, at *5 (Fla. June 3, 2025) (even if Erlinger v. United States, 602 U.S. 821, 144 S.Ct. 1840, 219 L.Ed.2d 451 (2024), constitutes a change of law, it does not apply retroactively).
CIKLIN, GERBER and KLINGENSMITH, JJ., concur.
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