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94 So. 3d 721

Marescot v. State

District Court of Appeal of Florida

Decided August 17, 2012

District Court of Appeal of Florida · decided 2012-08-17

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

Decided 2012-08-17

VILLANTI, Judge.

¶1Ted Kalim Marescot appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 8.850. The postcon-*722viction court ruled that the motion was untimely, and we agree. See Barrios-Cruz v. State, 63 So.3d 868 (Fla. 2d DCA 2011). As we did 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 post-conviction proceedings, and we certify the following question of great public importance:

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.

ALTENBERND and LaROSE, JJ., Concur.
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