Florida District Courts of Appeal, 2012

Perez v. State

Perez v. State
Florida District Courts of Appeal · Decided January 27, 2012 · Khouzam, Morris, Wallace
79 So. 3d 132; 2012 Fla. App. LEXIS 1051; 2012 WL 246643 (Southern Reporter, Third Series)

Perez v. State

Opinion

PER CURIAM.

Leandro Perez appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850, which the postconviction court denied. 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 post-conviction 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?

Affirmed.

WALLACE, KHOUZAM, and MORRIS, JJ., Concur.

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