Florida District Courts of Appeal, 2012

Perez v. State

Perez v. State
Florida District Courts of Appeal · Decided April 11, 2012 · Casanueva, Crenshaw, Larose
86 So. 3d 535; 2012 Fla. App. LEXIS 5558; 2012 WL 1193201 (Southern Reporter, Third Series)

Perez v. State

Opinion of the Court

LaROSE, Judge.

Jorge Perez appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The postconviction court denied the motion 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 CRENSHAW, JJ., Concur.

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