JOHNSON v. STATE (2020)

District Court of Appeal of Florida, Fourth District.

Timothy JOHNSON, Appellant, v. STATE of Florida, Appellee.

No. 4D20-792

Decided: November 18, 2020

Timothy Johnson, Malone, pro se. Ashley Moody, Attorney General, Tallahassee, and Melynda L. Melear, Senior Assistant Attorney General, West Palm Beach, for appellee.

We affirm the denial of Appellant's untimely and successive motion for postconviction relief. Carpenter v. United States, ––– U.S. ––––, 138 S. Ct. 2206, 201 L.Ed.2d 507 (2018), has not been held to apply retroactively in postconviction relief proceedings. Fla. R. Crim. P. 3.850(b)(2).

Under Witt v. State, 387 So. 2d 922 (Fla. 1980), Carpenter was an evolutionary refinement in procedural law, not a development of fundamental significance that applies retroactively to cases on collateral review. Nor does federal law require retroactive application. United States v. Sandoval, 435 F. Supp. 3d 393, 396-98 (D.R.I. 2020); United States v. Davis, No. No. 1:13-CR-28, 2019 WL 1584634, at *2 (M.D. Pa. Apr. 12, 2019); see also State v. Neil, 133 N.E.3d 585, 590 (Ohio Ct. App. 2019); People v. Cutts, 62 Misc.3d 411, 414, 88 N.Y.S.3d 332, 335 (N.Y. Sup. Ct. 2018).

Affirmed.

Per Curiam.

Levine, C.J., Gross and Klingensmith, JJ., concur.

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