Florida District Courts of Appeal, 2025

Jorge Perez v. State of Florida

Jorge Perez v. State of Florida
Florida District Courts of Appeal · Decided September 3, 2025

Jorge Perez v. State of Florida

Opinion

Third District Court of Appeal State of Florida Opinion filed September 3, 2025.

Not final until disposition of timely filed motion for rehearing.

________________ No. 3D25-0822 Lower Tribunal No. F87-14748B ________________

Jorge Perez, Appellant, vs. The State of Florida, Appellee.

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

Jorge Perez, in proper person.

James Uthmeier, Attorney General, and Sandra Lipman, Assistant Attorney General, for appellee.

Before LOGUE, LINDSEY, and BOKOR, JJ.

PER CURIAM.

Jorge Perez, after four previous appeals, once again appeals the denial of a rule 3.800(a) motion, this time, under Erlinger v. United States, 144 S. Ct. 1840 (2024). We affirm because the Florida Supreme Court has ruled Erlinger claims do not apply retroactively. See Wainwright v. State, 411 So. 3d 392, 399 (Fla. 2025), cert. denied sub nom., Wainwright v. Florida, No. 24-7365, 2025 WL 1621505 (U.S. June 9, 2025).

Affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.