Marco Pace, Appellant, v. The State of Florida, Appellee. (2025)

District Court of Appeal of Florida, Third District.

Marco Pace, Appellant, v. The State of Florida, Appellee.

No. 3D24-2122

Decided: July 23, 2025

Before EMAS, LINDSEY, and LOBREE, JJ.

Marco Pace, in proper person. James Uthmeier, Attorney General, for appellee.

ON MOTION FOR REHEARING

Appellant Marco Pace timely moved for rehearing, alleging that this Court overlooked his argument that Erlinger v. United States, 602 U.S. 821 (2024) applies retroactively to his case and renders his sentence illegal.

Following our May 21, 2025 opinion affirming the trial court's denial of Pace's Rule 3.800(a) Motion, the Florida Supreme Court explicitly held that Erlinger does not apply retroactively. See Wainwright v. State, 50 Fla. L. Weekly S108, S109 (Fla. June 3, 2025), cert. denied sub nom. Wainwright v. Florida, No. 24-7365, 2025 WL 1621505 (U.S. June 9, 2025) (“We reject Wainwright's argument because even if Erlinger constitutes a change of law, it does not apply retroactively.”). Accordingly, we deny the motion.

Denied.

PER CURIAM.

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