CULPEPPER v. STATE (2025)

District Court of Appeal of Florida, Third District.

Billy L. CULPEPPER, Appellant, v. The STATE of Florida, Appellee.

No. 3D25-1360

Decided: September 10, 2025

Before EMAS, LOBREE and BOKOR, JJ.

Billy L. Culpepper, in proper person. James Uthmeier, Attorney General, for 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, 413 So. 3d 999 (Fla. 3d DCA 2025).

PER CURIAM.

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