Third District Court of Appeal State of Florida Opinion filed August 20, 2025.

Not final until disposition of timely filed motion for rehearing.

________________ No. 3D25-1069 Lower Tribunal Nos. F09-24369, F10-27826B ________________

Lemuel Ware, 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.

Lemuel Ware, in proper person.

James Uthmeier, Attorney General, for appellee.

Before FERNANDEZ, LOBREE and GOODEN, JJ.

PER CURIAM.

Affirmed. See Wainwright v. State, 411 So. 3d 392, 399 (Fla. 2025) (holding that, even if Erlinger v. United States, 602 U.S. 821 (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, No. 3D25-0297, 2025 WL 1699998, at *1 (Fla. 3d DCA June 18, 2025).