Perez v. State

Full title: Jorge PEREZ, Appellant, v. STATE of Florida, Appellee.

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

Date published: Apr 11, 2012

86 So. 3d 535 (Fla. Dist. Ct. App. 2012)

Opinion

No. 2D11–3453.

2012-04-11

Jorge PEREZ, Appellant, v. STATE of Florida, Appellee.

LaROSE

Appeal pursuant to Fla. R.App. P. 9.141(b)(2) from the Circuit Court for Pinellas County; Dee Anna Farnell, Judge.
Jorge Perez, pro se.

Prior report: 60 So.3d 566. LaROSE, Judge.

Jorge Perez appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The postconviction court denied the motion 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.

CASANUEVA and CRENSHAW, JJ., Concur.