Del Sol v. State
On a motion for clarification, the Third District substituted its opinion but again affirmed denial of Del Sol's postconviction claim seeking relief based on the U.S. Supreme Court's decision in Erlinger. The court held that Erlinger does not apply retroactively to final sentences, relying on the Florida Supreme Court's recent decisions in Wainwright v. State and Ford v. State, and reaffirmed related Apprendi/Blakely non-retroactivity and preservation principles.
Key facts
- Del Sol was convicted and sentenced; he filed a postconviction motion seeking relief based on the U.S. Supreme Court's decision in Erlinger, arguing that judicial fact-finding at sentencing violated his rights.
- The trial court denied Del Sol's postconviction motion, and Del Sol appealed to the Third District Court of Appeal.
- +2 more key facts with a free trial
Why it matters
This opinion consolidates Florida's post-Erlinger retroactivity landscape for practitioners litigating collateral attacks on enhanced sentences premised on judicial fact-finding, confirming that Erlinger claims are… — full analysis with a trial
🔒 Read the full opinion, holding & search the library
The full opinion PDF, the rules the court applied, our significance analysis, the background facts, and full-text search across every tracked Florida decision are available to members. Start a free 30-day trial — no credit card.
Not ready to sign up? Get the free Friday digest — the week's key Florida decisions by email, no login required.
Florida Court Tracker provides summaries of publicly available court opinions for informational and research purposes only. This is not legal advice and does not create an attorney–client relationship. Always verify holdings against the official opinion.