Florida District Courts of Appeal, 2012

Ramos v. State

Ramos v. State
Florida District Courts of Appeal · Decided May 16, 2012 · Morris, Northcutt, Silberman
88 So. 3d 997; 2012 WL 1698352; 2012 Fla. App. LEXIS 7825 (Southern Reporter, Third Series)

Ramos 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.

SILBERMAN, C.J., and NORTHCUTT and MORRIS, JJ., Concur.

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