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76 So. 3d 367

Gonzalez v. State

District Court of Appeal of Florida

Decided December 21, 2011

District Court of Appeal of Florida · decided 2011-12-21

Cited by 22 later decisions — most recently July 2012

22 state decisions

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

Good law ✅— No negative treatment on recordhow we know

Decided 2011-12-21

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LaROSE, Judge.

¶1Yunior Ledea Gonzalez appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850, which the post-conviction court dismissed 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 POSTCONVTCTION PROCEEDINGS?

¶2Affirmed.

VILLANTI and MORRIS, JJ. Concur.
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