HARRY AUSTIN *W*
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 after a conviction becomes final on direct appeal does not apply retroactively to collateral attacks on the conviction.
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Join FLexlaw to unlock all legal intelligenceHarry Austin filed a rule 3.800 motion in the Circuit Court for Broward County challenging his conviction in a case from 2005. The trial court denied …
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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
HARRY AUSTIN, Appellant,
v.
STATE OF FLORIDA, Appellee.
No. 4D2025-0932
[August 27, 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. 05-017581CF10A.
Harry Austin, Miami, pro se.
No appearance required for appellee.
PER CURIAM.
Affirmed. See Wainwright v. State, 411 So. 3d 392 (Fla. 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., MAY and CIKLIN, JJ., concur.
* * *
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Erlinger v. United States, 602 U.S. 821 (U.S. 2024)
- Wainwright v. State, 411 So. 3d 392 (Fla. 2025)