Florida District Courts of Appeal, 2012

Davila v. State

Davila v. State
Florida District Courts of Appeal · Decided February 15, 2012 · Wallace, Khouzam, Crenshaw
80 So. 3d 423; 2012 WL 470228; 2012 Fla. App. LEXIS 2258 (Southern Reporter, Third Series)

Davila v. State

Opinion

*424 PER CURIAM.

Jorge Armando Davila appeals the summary denial of his motion for postconviction 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.

WALLACE, KHOUZAM, and CRENSHAW, JJ., Concur.

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