Barry v. Murray v. State of Florida

Opinion

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT

BARRY V. MURRAY, Appellant,

v.

STATE OF FLORIDA, Appellee.

No. 4D2025-1661

[August 27, 2025]

Appeal of order denying rule 3.800 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Michael Usan, Judge; L.T. Case No. 12-011892CF10A.

Barry V. Murray, Blountstown, pro se.

James Uthmeier, Attorney General, Tallahassee, and Lindsay A. Warner, Senior Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Affirmed. See Wainwright v. State, 411 So. 3d 392, 401 (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., MAY and GERBER, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.