From Casetext: Smarter Legal Research

Gomes v. State

District Court of Appeal of Florida, Second District
Dec 9, 2011
75 So. 3d 825 (Fla. Dist. Ct. App. 2011)

Opinion

No. 2D11–407.

2011-12-9

Henrique GOMES, Appellant, v. STATE of Florida, Appellee.


Appeal pursuant to Fla. R.App. P. 9.141(b)(2) from the Circuit Court for Pinellas County; Cynthia J. Newton, Judge. Henrique Gomes, pro se.PER CURIAM.

Henrique Gomes 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.

DAVIS, KELLY, and LaROSE, JJ., Concur.


Summaries of

Gomes v. State

District Court of Appeal of Florida, Second District
Dec 9, 2011
75 So. 3d 825 (Fla. Dist. Ct. App. 2011)
Case details for

Gomes v. State

Case Details

Full title:HENRIQUE GOMES, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Dec 9, 2011

Citations

75 So. 3d 825 (Fla. Dist. Ct. App. 2011)