RICHARDSON v. STATE (2024)

District Court of Appeal of Florida, First District.

Antonio R. RICHARDSON, Appellant, v. STATE of Florida, Appellee.

No. 1D2022-1743

Decided: November 06, 2024

Jessica J. Yeary, Public Defender, and Megan Lynne Long, Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody, Attorney General, and Julian E. Markham, Assistant Attorney General, Tallahassee, for Appellee.

On Motion To Relinquish Jurisdiction

In this direct appeal, merits briefing was completed in 2023, and supplemental briefing that we ordered was completed September 13, 2024. On October 18, 2024, Appellant's counsel moved to relinquish jurisdiction to the trial court for filing a motion under Florida Rule of Criminal Procedure 3.800(b)(2) to address the potential impact of the United States Supreme Court's June 21, 2024 decision in Erlinger v. United States, 602 U.S. 821, 144 S.Ct. 1840, 219 L.Ed.2d 451 (2024), which had not been raised earlier.

We deny the motion as improperly filed and served after Appellant's initial brief was filed. See Fla. R. Crim. P. 3.800(b)(2) (“The motion may be filed by appellate counsel and must be served before the party's first brief is served.”). We express no opinion on whether Erlinger affects Florida law.

Denied.

Per Curiam.

Lewis, Ray, and Kelsey, JJ., concur.

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