Florida District Courts of Appeal, 2012

Escarment v. State

Escarment v. State
Florida District Courts of Appeal · Decided April 11, 2012 · Davis, Kelly, Khouzam
87 So. 3d 797; 2012 Fla. App. LEXIS 5559; 2012 WL 1193192 (Southern Reporter, Third Series)

Escarment v. State

Opinion of the Court

KHOUZAM, Judge.

Michel Escarment appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The postconviction court denied Esearment’s 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 post-conviction 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.

DAVIS and KELLY, JJ., Concur.

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