KEVIN JEROME BLACK
v.
STATE OF FLORIDA

Fla. 6th DCA | 2026-06-19
No. 2025-0028
Thompson, J., Traver, C.J., Wozniak, J., Kamoutsas, J.
2026 FL 7640 Florida District Court of Appeal, Sixth District (2026)

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Holding

Erlinger v. United States, 602 U.S. 821 (2024), does not apply retroactively to criminal convictions.


Headnotes

[1] Erlinger v. …

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Key Quotes

“Erlinger v. United States, 602 U.S. 821 (2024), does not apply retroactively”

The court's basis for affirming the trial court judgment

Facts & Procedural History

Kevin Jerome Black appealed from a judgment in a criminal case (case number 2007-CF-017167) from the Circuit Court for Lee County.…

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Opinion of the Court

SIXTH DISTRICT COURT OF APPEAL

STATE OF FLORIDA

Case No. 6D2025-0028 Lower Tribunal No. 2007-CF-017167

KEVIN JEROME BLACK, Appellant, v. STATE OF FLORIDA, Appellee.

Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Lee County. Nicholas Thompson, Judge.

June 19, 2026

PER CURIAM.

AFFIRMED. See Wainwright v. State, 411 So. 3d 392, 399–401, 399 n.13 (Fla.) (Erlinger v. United States, 602 U.S. 821 (2024), does not apply retroactively), cert. denied, 145 S. Ct. 2789 (2025).

TRAVER, C.J., and WOZNIAK and KAMOUTSAS, JJ., concur.

Ryan Edward McFarland, of Kent & McFarland Attorneys at Law, Jacksonville, for Appellant.

James Uthmeier, Attorney General, Tallahassee, and Marilyn Frances Muir, Chief Assistant Attorney General, Tampa, for Appellee.


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