Kissoon v. State

Full title: Vivakanand KISSOON, Appellant, v. STATE of Florida, Appellee.

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

Date published: Aug 22, 2012

95 So. 3d 1001 (Fla. Dist. Ct. App. 2012)

Opinion

No. 2D12–83.

2012-08-22

Vivakanand KISSOON, Appellant, v. STATE of Florida, Appellee.

BLACK

Appeal pursuant to Fla. R.App. P. 9.141(b)(2) from the Circuit Court for Hendry County; John Duryea, Judge.
BLACK, Judge.

Vivakanand Kissoon appeals the summary denial of his motion for postconviction relief filed under 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, –––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 and MORRIS, JJ., Concur.