Herrera v. State

Full title: Manuel HERRERA, Appellant, v. STATE of Florida, Appellee.

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

Date published: Jun 1, 2012

90 So. 3d 864 (Fla. Dist. Ct. App. 2012)

Opinion

No. 2D11–4382.

2012-06-1

Manuel HERRERA, Appellant, v. STATE of Florida, Appellee.

PER CURIAM.

Appeal pursuant to Fla. R.App. P. 9.141(b)(2) from the Circuit Court for Collier County; Frederick R. Hardt, Judge.

PER CURIAM.

Affirmed. See Barrios–Cruz v. State, 63 So.3d 868 (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.

ALTENBERND, KHOUZAM, and MORRIS, JJ., Concur.