Michael Merchison v. State of Florida
This text of Michael Merchison v. State of Florida (Michael Merchison v. State of Florida) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Third District Court of Appeal State of Florida
Opinion filed January 14, 2026. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D25-2000 Lower Tribunal No. F05-9849 ________________
Michael Merchison, 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, Laura Anne Stuzin, Judge.
Michael Merchison, in proper person.
James Uthmeier, Attorney General, and Daihana Chang, Assistant Attorney General, for appellee.
Before GORDO, LOBREE, and GOODEN, JJ.
PER CURIAM. 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).
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