Third District Court of Appeal
State of Florida
Opinion filed May 26, 2021.
Not final until disposition of timely filed motion for rehearing.
________________
No. 3D20-1578
Lower Tribunal No. F08-39203
________________
Yoel Padron-Garcia,
Appellant,
vs.
The State of Florida,
Appellee.
An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from
the Circuit Court for Miami-Dade County, William Altfield, Judge.
Yoel Padron-Garcia, in proper person.
Ashley Moody, Attorney General, for appellee.
Before MILLER, GORDO and BOKOR, JJ.
PER CURIAM.
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”).
2