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86 So. 3d 535

Perez v. State

District Court of Appeal of Florida · decided 2012-04-11

Cited by 1 later decisions — most recently June 2014

1 state decisions

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

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Decided 2012-04-11

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LaROSE, Judge.

¶1Jorge Perez appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The postconviction court denied the motion 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.

CASANUEVA and CRENSHAW, JJ., Concur.
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