Florida District Courts of Appeal, 2012

Sanchez v. State

Sanchez v. State
Florida District Courts of Appeal · Decided April 25, 2012 · Black, Casanueva, Khouzam
86 So. 3d 569; 2012 Fla. App. LEXIS 6365; 2012 WL 1415447 (Southern Reporter, Third Series)

Sanchez v. State

Opinion of the Court

PER CURIAM.

Affirmed. See Barrios-Cruz v. State, 63 So.3d 868 (Fla. 2d DCA 2011). As 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 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.

CASANUEVA, KHOUZAM, and BLACK, JJ., Concur.

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