Sanchez v. State

Full title: JUAN FRANCISCO SANCHEZ, Appellant, v. STATE OF FLORIDA, Appellee.

Court: DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT

Date published: Jun 13, 2012

Case No. 2D11-4666 (Fla. Dist. Ct. App. Jun. 13, 2012)

Opinion

Case No. 2D11-4666

06-13-2012

JUAN FRANCISCO SANCHEZ, Appellant, v. STATE OF FLORIDA, Appellee.

David R. Carmichael, Bartow, for Appellant.

PER CURIAM

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING

MOTION AND, IF FILED, DETERMINED

Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Polk County; Ernest M. Jones, Jr., Judge. David R. Carmichael, Bartow, for Appellant. PER CURIAM.

Juan Sanchez appeals the summary denial of his motion for postconviction relief filed under Florida Rule of Criminal Procedure 3.850. The postconviction court 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, 130 S. Ct. 1473 (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, 130 S. CT. 1473 (2010), BE APPLIED RETROACTIVELY IN POSTCONVICTION PROCEEDINGS?

Affirmed. NORTHCUTT, KHOUZAM, and BLACK, JJ., Concur.