MERCHISON v. STATE (2026)

District Court of Appeal of Florida, Third District.

Michael MERCHISON, Appellant, v. STATE of Florida, Appellee.

No. 3D25-2000

Decided: January 14, 2026

Before GORDO, LOBREE, and GOODEN, JJ.

Michael Merchison, in proper person. James Uthmeier, Attorney General, and Daihana Chang, Assistant Attorney General, for appellee.

Affirmed. See Wainwright v. State, 411 So. 3d 392, 401 (Fla. 2025) (“Erlinger does not apply retroactively.”); Arias v. State, 413 So. 3d 999 (Fla. 3d DCA 2025) (“Observing that the purported error was unpreserved and is not apparent on the face of the record, and even more significantly, no Court of Appeals, let alone the Supreme Court, has held that Apprendi has retroactive effect, and the Florida Supreme Court has rejected this ground for relief in at least two reported postconviction cases, we affirm the order under review in all respects.”) (citation modified).

PER CURIAM.

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