PONTON v. STATE (2025)

District Court of Appeal of Florida, Third District.

Gregory PONTON, Petitioner, v. STATE of Florida, Respondent.

No. 3D25-1341

Decided: July 30, 2025

Before MILLER, BOKOR, and GOODEN, JJ.

Gregory Ponton, in proper person. James Uthmeier, Attorney General, for respondent.

Having reviewed the petition for habeas corpus and determined it to be without merit, it is hereby denied. See Wainwright v. State, No. SC2025-0708, ––– So. 3d ––––, 2025 WL 1561151 (Fla. June 3, 2025) (holding that, even if Erlinger v. United States, 602 U.S. 821, 144 S.Ct. 1840, 219 L.Ed.2d 451 (2024), constitutes a change in law, it does not apply retroactively to cases that were final when it was decided); Ford v. State, 402 So. 3d 973, 981 (Fla. 2025) (“But Erlinger was a direct-appeal case—not a postconviction case like Ford's—and it involved required jury findings regarding an element. Based on these fundamental distinctions, it is clear that Erlinger provides no support for vacating Ford's death sentences.”).

PER CURIAM.

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