Florida District Courts of Appeal, 2012

Hirdhani v. State

Hirdhani v. State
Florida District Courts of Appeal · Decided September 5, 2012 · Altenbernd, Casanueva, Crenshaw
96 So. 3d 1057; 2012 WL 3822131; 2012 Fla. App. LEXIS 14812 (Southern Reporter, Third Series)

Hirdhani v. State

Opinion of the Court

CASANUEVA, Judge.

Jonathan Hirdhani appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Crim*1058inal Procedure 3.850. Mr. Hirdhani raised two grounds in his motion, but the post-conviction court correctly denied the motion as untimely.

As we did in Barrios-Cruz v. State, 63 So.3d 868 (Fla. 2d DCA 2011), 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 the following question of great public importance:

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.

ALTENBERND and CRENSHAW, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.