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100 So. 3d 1212

Aguas v. State

District Court of Appeal of Florida

Decided November 9, 2012

District Court of Appeal of Florida · decided 2012-11-09

Relies on Padilla v. Kentucky · Barrios-Cruz v. State

Decided 2012-11-09

BLACK, Judge.

¶1Luis Aguas appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The postconviction court ruled that the motion was untimely, and we agree. See Barrios-Cruz v. State, 63 So.3d 868 (Fla. 2d DCA 2011). As we did in Barrios-Cruz, we hold that Padilla v. Kentucky, — U.S. —, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010), does not apply retroactively in postconviction proceedings, and we certify the following question of great public importance:

SHOULD THE RULING IN PADILLA V. KENTUCKY, — U.S. —, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010), BE APPLIED RETROACTIVELY IN POSTCONVICTION PROCEEDINGS?

¶2Affirmed; question certified.

CRENSHAW and WALLACE, JJ., Concur.
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