STACY L. FREEMAN
v.
STATE OF FLORIDA

Fla. 5th DCA | 2025-07-01
No. 2025-0028
Davis, J., Wallis, J., Soud, J., Boatwright, J.
2025 FL 5471 Florida District Court of Appeal, Fifth District (2025)

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Holding

A change in law established by Erlinger v. United States does not apply retroactively to cases on collateral review.

Headnotes

[1] A change in law established by a United States Supreme Court decision does not apply retroactively to collateral attacks on criminal convictions absent a determination th…

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Facts & Procedural History

Stacy L. Freeman filed a Rule 3.800 motion in the Circuit Court for Lake County challenging a criminal conviction from 2008. Freeman proceeded pro se …

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Topics
Retroactive Application Of Statutes

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Opinion of the Court
Boatwright

FIFTH DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

Case No. 5D2025-0028 LT Case No. 35-2008-CF-834-A _____________________________

STACY L. FREEMAN,

Appellant,

v.

STATE OF FLORIDA,

Appellee. _____________________________

3.800 appeal from the Circuit Court for Lake County. Heidi Davis, Judge.

Stacy L. Freeman, Arcadia, pro se.

No Appearance for Appellee.

July 1, 2025

PER CURIAM.

AFFIRMED. See Wainwright v. State, 50 Fla. L. Weekly S108 (Fla. June 3, 2025), cert. denied sub nom., Wainwright v. Florida, No. 24-7365, 2025 WL 1621505 (U.S. June 9, 2025) (concluding “even if Erlinger [v. United States, 602 U.S. 821 (2024),] constitutes a change of law, it does not apply retroactively.”).

_____________________________

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________

Footnotes
2 WALLIS, SOUD, and BOATWRIGHT, JJ., concur.

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