FERGUSON v. STATE (2026)

District Court of Appeal of Florida, Third District.

Henry FERGUSON, Appellant, v. STATE of Florida, Appellee.

No. 3D25-1693

Decided: March 04, 2026

Before FERNANDEZ, MILLER, and GOODEN, JJ.

Henry Ferguson, in proper person. James Uthmeier, Attorney General, and Kayla Heather McNab, Assistant Attorney General, for appellee.

Affirmed. See Wainwright v. State, 411 So. 3d 392, 399–401 (Fla. 2025) (holding that Erlinger ¹ does not apply retroactively); see also McCalister v. State, 664 So. 2d 1149, 1150 (Fla. 3d DCA 1995) (affirming sentence because defendant “failed to object to the assessing of victim injury points at trial [and] failed to raise the issue on direct appeal ․”), aff'd, 682 So. 2d 556 (Fla. 1996); Saintelien v. State, 990 So. 2d 494, 497 (Fla. 2008) (“[R]ule 3.800(a) is intended to correct errors that are apparent on the face of the record.”).

FOOTNOTES

1. Erlinger v. United States, 602 U.S. 821, 144 S.Ct. 1840, 219 L.Ed.2d 451 (2024).

PER CURIAM.

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