Gutierrez v. State
Gutierrez v. State
110 So. 3d 502; 2013 WL 1222704; 2013 Fla. App. LEXIS 4905
(Southern Reporter, Third Series)
Gutierrez v. State
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.