ANTWAN WASHINGTON
v.
STATE OF FLORIDA

Fla. 3d DCA | 2026-01-07
No. 2025-2180
Miller, J., Lobree, J., Bokor, J., Hersch, J.
2026 FL 172 Florida District Court of Appeal, Third District (2026)

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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 decided.


Headnotes

[1] A change in law established by a Supreme Court decision does not apply retroactively to cases that became final before the decision was rendered.

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Facts & Procedural History

Antwan Washington appealed a judgment from the Circuit Court for Miami-Dade County. The appeal involved the retroactive application of a recent Suprem…

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Opinion of the Court
Bokor

Third District Court of Appeal State of Florida Opinion filed January 7, 2026. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D25-2180 Lower Tribunal No. F19-8128D ________________ Antwan Washington, Appellant, vs. State of Florida, Appellee. An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Richard Hersch, Judge. Antwan Washington, in proper person. James Uthmeier, Attorney General, for appellee. Before MILLER, LOBREE and BOKOR, JJ.

PER CURIAM.

2

Affirmed. See Wainwright v. State, 411 So. 3d 392, 399 (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 decided); Arias v. State, 413 So. 3d 999 (Fla. 3d DCA 2025).


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