ELEUTERIO ORTIZ OLIVO
v.
STATE OF FLORIDA
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A change in law established by Erlinger v. United States does not apply retroactively to cases on collateral review.
[1] A change in law established by subsequent Supreme Court decision does not apply retroactively to cases on collateral review under rule 3.800.
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Join FLexlaw to unlock all legal intelligenceEleuterio Ortiz-Olivo filed a rule 3.800 motion in the Circuit Court for the Nineteenth Judicial Circuit, Indian River County. The trial court denied …
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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
ELEUTERIO ORTIZ-OLIVO, Appellant,
v.
STATE OF FLORIDA, Appellee.
No. 4D2025-1945
[September 24, 2025]
Appeal of order denying rule 3.800 motion from the Circuit Court for the Nineteenth Judicial Circuit, Indian River County; Rebecca White, Judge; L.T. Case No. 311999CF000886A.
Eleuterio Ortiz-Olivo, Miami, pro se.
No appearance required for appellee.
PER CURIAM.
Affirmed. See Wainwright v. State, 2025 WL 1561151 (Fla. 2025), cert. denied sub nom. Wainwright v. Florida, 2025 WL 1621505 (U.S. 2025) (even if Erlinger v. United States, 602 U.S. 821 (2024), constitutes a change of law, it does not apply retroactively).
KUNTZ, C.J., GERBER and KLINGENSMITH, JJ., concur.
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