Campbell v. State

Full title: Elijah CAMPBELL, Appellant, v. STATE of Florida, Appellee.

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

Date published: Nov 28, 2012

101 So. 3d 913 (Fla. Dist. Ct. App. 2012)

Opinion

No. 2D11–6092.

2012-11-28

Elijah CAMPBELL, Appellant, v. STATE of Florida, Appellee.

PER CURIAM.

Appeal pursuant to Fla. R.App. P. 9.141(b)(2) from the Circuit Court for Charlotte County; Nicholas Thompson, Judge.
PER CURIAM.

Elijah Campbell appeals the order summarily denying as untimely his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm. See Barrios–Cruz v. State, 63 So.3d 868 (Fla. 2d DCA 2011). As in Barrios–Cruz, 63 So.3d at 870, we hold that Padilla v. Kentucky, 559 U.S. 356, 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 for review pursuant to Florida Rule of Appellate Procedure 9.030(a)(2)(A)(v):

SHOULD THE RULING IN PADILLA V. KENTUCKY, 559 U.S. 356, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010), BE APPLIED RETROACTIVELY IN POSTCONVICTION PROCEEDINGS?

Affirmed.

DAVIS, VILLANTI, and CRENSHAW, JJ., Concur.