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79 So. 3d 149

LEZAMA v. State

District Court of Appeal of Florida

Decided February 1, 2012

District Court of Appeal of Florida · decided 2012-02-01

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

Decided 2012-02-01

PER CURIAM.

¶1 Ricardo Valora Lezama appeals the summary denial of his motion for postcon-viction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. 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?

¶2 Affirmed; question certified.

NORTHCUTT, CASANUEVA, and KELLY, JJ., Concur.
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