Henry Ferguson v. State of Florida

• Court: District Court of Appeal of Florida
• Decided: March 4, 2026
• Docket: 3D2025-1693
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed March 4, 2026. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D25-1693 Lower Tribunal Nos. F23-15540 & F23-15537 ________________

Henry Ferguson, Appellant,

vs.

State of Florida, Appellee.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Ramiro C. Areces, Judge.

Henry Ferguson, in proper person.

James Uthmeier, Attorney General, and Kayla Heather McNab, Assistant Attorney General, for appellee.

Before FERNANDEZ, MILLER, and GOODEN, JJ.

PER CURIAM. Affirmed. See Wainwright v. State, 411 So. 3d 392, 399–401

(Fla. 2025) (holding that Erlinger1 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.”).

1 Erlinger v. United States, 602 U.S. 821 (2024). 2