Opinion
No. 2D12–470.
2012-08-17
Ted Kalim MARESCOT, Appellant, v. STATE of Florida, Appellee.
Appeal pursuant to Fla. R.App. P. 9.141(b)(2) from the Circuit Court for Collier County; Frederick R. Hardt, Judge.
VILLANTI, Judge.
Ted Kalim Marescot appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The postconvictioncourt ruled that the motion was untimely, and we agree. See Barrios–Cruz v. State, 63 So.3d 868 (Fla. 2d DCA 2011). As we did 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 the following question of great public importance:
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.