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Lemuel WARE, Appellant, v. STATE of Florida, Appellee.
Affirmed. See Wainwright v. State, 411 So. 3d 392, 399 (Fla. 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.”); Arias v. State, No. 3D25-0297, ––– So.3d ––––, ––––, 2025 WL 1699998, at *1 (Fla. 3d DCA June 18, 2025).
PER CURIAM.
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Docket No: No. 3D25-1069
Decided: August 20, 2025
Court: District Court of Appeal of Florida, Third District.
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