YOEL PADRON-GARCIA
v.
THE STATE OF FLORIDA
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Changes in sentencing law that are not constitutional in nature do not apply retroactively to cases that were final when the change was decided.
[1] Changes in statutory interpretation that are not constitutional in nature do not apply retroactively to criminal cases that were final when the change in law was announce…
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Join FLexlaw to unlock all legal intelligence“Williams does not apply retroactively to cases such as Appellant's that were final when Williams was decided”
Osei v. State, 226 So. 3d 1077, 1078 (Fla. 1st DCA 2017)
Yoel Padron-Garcia appealed his conviction and sentence from Miami-Dade County Circuit Court. The appeal concerned whether a change in sentencing law …
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PER CURIAM.
Affirmed. Williams v. State, 186 So. 3d 989, 993 (Fla. 2016) (finding that consecutive sentencing is permissible but not mandatory); Witt v. State, 387 So. 2d 922, 931 (Fla. 1980) (holding that a change in the law will not apply retroactively “unless the change: (a) emanates from [the Florida Supreme Court] or the United States Supreme Court, (b) is constitutional in nature, and (c) constitutes a development of fundamental significance”); Osei v. State, 226 So. 3d 1077, 1078 (Fla. 1st DCA 2017) (applying Witt and explaining that in cases of statutory interpretation that are “not ‘constitutional in nature’ . . . Williams does not apply retroactively to cases such as Appellant’s that were final when Williams was decided”).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Witt v. State, 387 So. 2d 922 (Fla. 1980)
- Williams v. State, 186 So. 3d 989 (Fla. 2016)
- Osei v. State, 226 So. 3d 1077 (Fla. 1st DCA 2017)