Florida District Courts of Appeal, 2013

Gutierrez v. State

Gutierrez v. State
Florida District Courts of Appeal · Decided March 27, 2013 · Conner, Gerber, Gross
110 So. 3d 502; 2013 WL 1222704; 2013 Fla. App. LEXIS 4905 (Southern Reporter, Third Series)

Gutierrez v. State

Opinion of the Court

PER CURIAM.

We affirm the trial court’s denial of appellant’s untimely motion for postconviction relief. See State v. Green, 944 So.2d 208 (Fla. 2006). Appellant failed to establish any valid exception to the time limitation. Further, Padilla v. Kentucky, 559 U.S. 356, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010), does not apply retroactively to convictions which were final at the time that decision issued. Chaidez v. United States, — U.S. —, 133 S.Ct. 1103, 185 L.Ed.2d 149 (2013); Hernandez v. State, — So.3d —(Fla. 2012).

Affirmed.

GROSS, GERBER and CONNER, JJ„ concur.

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