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Padron-Garcia v. State

Third District Court of Appeal State of Florida
May 26, 2021
320 So. 3d 964 (Fla. Dist. Ct. App. 2021)

Opinion

No. 3D20-1578

05-26-2021

Yoel PADRON-GARCIA, Appellant, v. The STATE of Florida, Appellee.

Yoel Padron-Garcia, in proper person. Ashley Moody, Attorney General, for appellee.


Yoel Padron-Garcia, in proper person.

Ashley Moody, Attorney General, for appellee.

Before MILLER, GORDO and BOKOR, JJ.

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").


Summaries of

Padron-Garcia v. State

Third District Court of Appeal State of Florida
May 26, 2021
320 So. 3d 964 (Fla. Dist. Ct. App. 2021)
Case details for

Padron-Garcia v. State

Case Details

Full title:Yoel Padron-Garcia, Appellant, v. The State of Florida, Appellee.

Court:Third District Court of Appeal State of Florida

Date published: May 26, 2021

Citations

320 So. 3d 964 (Fla. Dist. Ct. App. 2021)