Public-domain · open source
OpenJurist

75 So. 3d 829

Cerna v. State

District Court of Appeal of Florida

Decided December 9, 2011

District Court of Appeal of Florida · decided 2011-12-09

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

Decided 2011-12-09

PER CURIAM.

¶1Jose Omar Cerna appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850, which the postconviction court denied as untimely. We affirm. See Barrios-Cruz v. State, 63 So.3d 868 (Fla. 2d DCA 2011). As in Barrios-Cruz, 63 So.3d at 870, 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 to the Florida Supreme Court the following question of great public importance pursuant to Florida Rule of Appellate Procedure 9.030(a)(2)(A)(v):

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.

DAVIS, KELLY, and LaROSE, JJ., Concur.
/75/so3d/829 · .json · Public domain