Florida District Courts of Appeal, 2012

Aguas v. State

Aguas v. State
Florida District Courts of Appeal · Decided November 9, 2012 · Black, Crenshaw, Wallace
100 So. 3d 1212; 2012 Fla. App. LEXIS 19547; 2012 WL 5458094 (Southern Reporter, Third Series)

Aguas v. State

Opinion of the Court

BLACK, Judge.

Luis Aguas appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The postconviction court ruled that the motion was untimely, and we agree. See Barrios-Cruz v. State, 63 So.3d 868 (Fla. 2d DCA 2011). As we did in Barrios-Cruz, 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 the following question of great public importance:

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.

CRENSHAW and WALLACE, JJ., Concur.

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