ALBERTO OVIEDO
v.
STATE OF FLORIDA

Fla. 4th DCA | 2025-12-03
No. 2025-2231
Usan, J., Conner, J., Forst, J., Klingensmith, J.
2025 FL 11482 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 on collateral review.

Headnotes

[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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Facts & Procedural History

Alberto Oviedo filed a rule 3.800 motion in the Circuit Court for Broward County seeking relief from his conviction in case number 02-002503-CF-10A. T…

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Topics
Motion Florida Rule Of Criminal Procedure 3.800(A) Retroactive Application Of Statutes

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Opinion of the Court
Klingensmith

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

ALBERTO D. OVIEDO, Appellant,

v.

STATE OF FLORIDA, Appellee.

No. 4D2025-2231

[December 3, 2025]

Appeal of order denying rule 3.800 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Michael A. Usan, Judge; L.T. Case No. 02-002503-CF-10A.

Alberto D. Oviedo, Miami, pro se.

No appearance required for appellee.

PER CURIAM.

Affirmed. See Maye v. State, 368 So. 3d 531, 532 (Fla. 6th DCA 2023), review granted, No. SC2023-1184, 2024 WL 1796831 (Fla. Apr. 25, 2024); Wainwright v. State, 411 So. 3d 392 (Fla. 2025) (holding that 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).

CONNER, FORST and KLINGENSMITH, JJ., concur.

* * *

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