From Casetext: Smarter Legal Research

Borrego v. State

District Court of Appeal of Florida, Second District.
Feb 10, 2012
80 So. 3d 411 (Fla. Dist. Ct. App. 2012)

Opinion

No. 2D11–2245.

2012-02-10

Pedro BORREGO, Jr., Appellant, v. STATE of Florida, Appellee.

Appeal pursuant to Fla. R.App. P. 9.141(b)(2) from the Circuit Court for Hillsborough County; Susan Sexton, Judge.Carl J. DiCampli of Lorenzo & Lorenzo, P.A., Tampa, for Appellant. No appearance for Appellee.


Appeal pursuant to Fla. R.App. P. 9.141(b)(2) from the Circuit Court for Hillsborough County; Susan Sexton, Judge.Carl J. DiCampli of Lorenzo & Lorenzo, P.A., Tampa, for Appellant. No appearance for Appellee.

PER CURIAM.

Pedro Borrego, Jr., appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Because the postconviction court correctly determined that his motion was untimely, we affirm. See Barrios–Cruz v. State, 63 So.3d 868, 873 (Fla. 2d DCA 2011). As in Barrios–Cruz, 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; question certified.

CASANUEVA, LaROSE, and MORRIS, JJ., Concur.


Summaries of

Borrego v. State

District Court of Appeal of Florida, Second District.
Feb 10, 2012
80 So. 3d 411 (Fla. Dist. Ct. App. 2012)
Case details for

Borrego v. State

Case Details

Full title:Pedro BORREGO, Jr., Appellant, v. STATE of Florida, Appellee.

Court:District Court of Appeal of Florida, Second District.

Date published: Feb 10, 2012

Citations

80 So. 3d 411 (Fla. Dist. Ct. App. 2012)