Florida District Courts of Appeal, 2012

Kissoon v. State

Kissoon v. State
Florida District Courts of Appeal · Decided August 22, 2012 · Black, Morris, Whatley
95 So. 3d 1001; 2012 WL 3589799; 2012 Fla. App. LEXIS 14002 (Southern Reporter, Third Series)

Kissoon v. State

Opinion of the Court

BLACK, Judge.

Vivakanand Kissoon appeals the summary denial of his motion for postconviction relief filed under Florida Rule of Criminal Procedure 3.850. 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.

WHATLEY and MORRIS, JJ., Concur.

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