Opinion
No. 2D11–1104.
2011-12-9
Jose Omar CERNA, Appellant, v. STATE of Florida, Appellee.
Appeal pursuant to Fla. R.App. P. 9.141(b)(2) from the Circuit Court for Hendry County; Christine Greider, and Nicholas R. Thompson Judges.Jan Peter Weiss, Lake Worth, for Appellant.PER CURIAM.
Jose Omar Cerna appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850, which the postconviction court denied as untimely. 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, ––– 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.