Florida District Courts of Appeal, 2011

Gonzalez v. State

Gonzalez v. State
Florida District Courts of Appeal · Decided December 21, 2011 · Larose, Morris, Villanti
76 So. 3d 367; 2011 Fla. App. LEXIS 20466; 2011 WL 6380549 (Southern Reporter, Third Series)

Gonzalez v. State

Opinion of the Court

LaROSE, Judge.

Yunior Ledea Gonzalez appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850, which the post-conviction court dismissed 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 POSTCONVTCTION PROCEEDINGS?

Affirmed.

VILLANTI and MORRIS, JJ. Concur.

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