TARRESSE LEONARD
v.
THE STATE OF FLORIDA
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The statutes in effect at the time of commission of a crime control both the offenses for which the perpetrator can be convicted and the punishments that may be imposed.
[1] The statutes in effect at the time of commission of a crime, not subsequently enacted statutes, control both the offenses for which a perpetrator can be convicted and the…
[2] Decisional changes in law cannot be characterized as newly discovered facts for purposes of retroactivity analysis under Witt v. …
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Join FLexlaw to unlock all legal intelligence“it is firmly established law that the statutes in effect at the time of commission of a crime control as to the offenses for which the perpetrator can be convicted, as well as the punishments which may be imposed.”
State v. Smith, 547 So. 2d 613, 616 (Fla. 1989)
Tarresse Leonard appealed from decisions in three criminal cases (F96-8613, F96-8615, and F96-8611) from Miami-Dade County Circuit Court.…
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PER CURIAM.
Affirmed. See State v. Smith, 547 So. 2d 613, 616 (Fla. 1989) (“[I]t is firmly established law that the statutes in effect at the time of commission of a crime control as to the offenses for which the perpetrator can be convicted, as well as the punishments which may be imposed.”); Walton v. State, 246 So. 3d 246, 252 (Fla. 2018) (“Viewing decisional changes in the law as newly discovered ‘facts’ would erase the need for a retroactivity analysis pursuant to [Witt v. State, 387 So. 2d 922 (Fla. 1980)].”).
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Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Witt v. State, 387 So. 2d 922 (Fla. 1980)
- State v. Smith, 547 So. 2d 613 (Fla. 1989)