Florida District Courts of Appeal, 2013

Fisenko v. State

Fisenko v. State
Florida District Courts of Appeal · Decided January 9, 2013 · Levine, Polen, Taylor
104 So. 3d 1280; 2013 WL 85408; 2013 Fla. App. LEXIS 318 (Southern Reporter, Third Series)

Fisenko v. State

Opinion of the Court

PER CURIAM.

Affirmed. Padilla v. Kentucky, 559 U.S. 356, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010), does not apply retroactively to the 2005 plea in this case. Hernandez v. State, — So.3d - (Fla. 2012). The March 21, 2012, postconviction motion was untimely.

POLEN, TAYLOR and LEVINE, JJ., concur.

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