Florida District Courts of Appeal, 2011

Rodriguez v. State

Rodriguez v. State
Florida District Courts of Appeal · Decided November 30, 2011 · Gross, Levine
75 So. 3d 391; 2011 Fla. App. LEXIS 19050; 2011 WL 5964343 (Southern Reporter, Third Series)

Rodriguez v. State

Opinion of the Court

PER CURIAM.

Affirmed. The January 2010 postcon-viction motion was untimely. State v. Green, 944 So.2d 208 (Fla. 2006). Padilla v. Kentucky, — U.S. -, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010), does not apply retroactively to this 2004 plea. Hernandez v. State, 61 So.3d 1144 (Fla. 3d DCA 2011).

MAY, C.J., GROSS and LEVINE, JJ., concur.

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