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CORDELL FLOWERS, Appellant, v. STATE OF FLORIDA, Appellee

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2011 CORDELL FLOWERS, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D10-2345 [February 16, 2011] PER CURIAM. We affirm the trial court?s denial of appellant?s sixth motion for postconviction relief which argued that the decision in Arizona v. Gant, 129 S. Ct. 1710 (2009), applies retroactively to his 1997 conviction. See Fla. R. Crim. P. 3.850(b)(2). This conviction became final when this court affirmed the judgment and sentence in 1998. Flowers v. State, 717 So. 2d 1031 (Fla. 4th DCA 1998) (Table). Applying the retroactivity analysis of Witt v. State, 387 So. 2d 922 (Fla. 1980), we hold that the decision in Gant is an evolutionary refinement in Fourth Amendment law and not a development of fundamental significance, a major constitutional change, or jurisprudential upheaval that requires retroactive application to cases on collateral review...continue to full post

Full post as published by Florida Criminal Law Opinions on February 16, 2011 (boomark / email).