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86 So. 3d 569

Sanchez v. State

District Court of Appeal of Florida · decided 2012-04-25

Cited by 4 later decisions — most recently March 2019

1 federal appellate · 3 state decisions

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

Good law ✅— No negative treatment on recordhow we know

Decided 2012-04-25

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PER CURIAM.

¶1Affirmed. See Barrios-Cruz v. State, 63 So.3d 868 (Fla. 2d DCA 2011). As 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 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; question certified.

CASANUEVA, KHOUZAM, and BLACK, JJ., Concur.
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