PADRON GARCIA v. STATE (2021)

District Court of Appeal of Florida, Third District.

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

No. 3D20-1578

Decided: May 26, 2021

Before MILLER, GORDO and BOKOR, JJ.

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

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”).

PER CURIAM.

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