Florida District Courts of Appeal, 2012

Lifete v. State

Lifete v. State
Florida District Courts of Appeal · Decided October 24, 2012 · Casanueva, Kelly, Villanti
100 So. 3d 179; 2012 WL 5233537; 2012 Fla. App. LEXIS 18481 (Southern Reporter, Third Series)

Lifete v. State

Opinion of the Court

VILLANTI, Judge.

Elifen Lifete 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 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 POSTCONVICTION PROCEEDINGS?

Affirmed.

CASANUEVA and KELLY, JJ., Concur.

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