JESSE STONE
v.
STATE OF FLORIDA

Fla. 4th DCA | 2025-12-10
No. 2025-2911
Mirman, J., Kuntz, C.J., Forst, J., Shaw, J.
2025 FL 11772 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 that were final when the decision was rendered.


Headnotes

[1] A change in law established by a United States Supreme Court decision does not apply retroactively to criminal convictions that were final before the decision was rendere…

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Facts & Procedural History

Jesse Stone filed a rule 3.800 motion in the Circuit Court for St. Lucie County seeking relief from his conviction. The trial court denied the motion.…

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Opinion of the Court
Kuntz

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

JESSE STONE, Appellant,

v.

STATE OF FLORIDA, Appellee.

No. 4D2025-2911

[December 10, 2025]

Appeal of order denying rule 3.800 motion from the Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County; Lawrence M. Mirman, Judge; L.T. Case No. 561991CF001442.

Jesse Stone, Bushnell, 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 in law, it does not apply retroactively to cases that were final when it was decided).

KUNTZ, C.J., FORST and SHAW, JJ., concur.

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