Florida District Courts of Appeal, 2012

LEZAMA v. State

LEZAMA v. State
Florida District Courts of Appeal · Decided February 1, 2012 · Northcutt, Casanueva, Kelly
79 So. 3d 149; 2012 WL 290046; 2012 Fla. App. LEXIS 1242 (Southern Reporter, Third Series)

LEZAMA v. State

Opinion

PER CURIAM.

Ricardo Valora Lezama appeals the summary denial of his motion for postcon-viction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. 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 POSTCONVICTION PROCEEDINGS?

Affirmed; question certified.

NORTHCUTT, CASANUEVA, and KELLY, JJ., Concur.

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