HENRY FERGUSON
v.
STATE OF FLORIDA
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A defendant who fails to object at trial and on direct appeal to sentencing issues forfeits the right to challenge those issues on a motion for postconviction relief when the controlling precedent does not apply retroactively.
“Rule 3.800(a) is intended to correct errors that are apparent on the face of the record.”
Saintelien v. State, 990 So. 2d 494, 497 (Fla. 2008), cited by the court to explain the limited scope of postconviction sentencing relief
Ferguson was sentenced and did not object to victim injury points at trial or raise the issue on direct appeal. He apparently sought postconviction re…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Appellate Review Of Sentencing Errors cases and more on FLexlaw
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.”).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Erlinger v. United States, 602 U.S. 821 (U.S. 2024)
- Renoit Saintelien v. State, 990 So. 2d 494 (Fla. 2008)
- Mateo v. State (Fla. 3d DCA 2026)
- McCalister v. State, 664 So. 2d 1149 (Fla. 3d DCA 1995)