Fundora v. State

Full title: Roberto FUNDORA, Appellant, v. STATE of Florida, Appellee.

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

Date published: Apr 18, 2012

86 So. 3d 544 (Fla. Dist. Ct. App. 2012)

Opinion

No. 2D11–4532.

2012-04-18

Roberto FUNDORA, Appellant, v. STATE of Florida, Appellee.

PER CURIAM.

Appeal pursuant to Fla. R.App. P. 9.141(b)(2) from the Circuit Court for Lee County; Edward J. Volz, Jr., Judge.
Ricardo Corona of The Corona Law Firm, Miami, for Appellant.

PER CURIAM.

Roberto Fundora 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.

WHATLEY, LaROSE, and BLACK, JJ., Concur.