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Ramos v. State

District Court of Appeal of Florida, Second District.
May 16, 2012
88 So. 3d 997 (Fla. Dist. Ct. App. 2012)

Opinion

No. 2D11–2209.

2012-05-16

Jesus Eduardo RAMOS, Appellant, v. STATE of Florida, Appellee.

Appeal from the Circuit Court for Collier County; Frederick R. Hardt, Judge. Stephen M. Grogoza, Naples, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Donna S. Koch, Assistant Attorney General, Tampa, for Appellee.


Appeal from the Circuit Court for Collier County; Frederick R. Hardt, Judge.
Stephen M. Grogoza, Naples, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Donna S. Koch, Assistant Attorney General, Tampa, for Appellee.
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.

SILBERMAN, C.J., and NORTHCUTT and MORRIS, JJ., Concur.


Summaries of

Ramos v. State

District Court of Appeal of Florida, Second District.
May 16, 2012
88 So. 3d 997 (Fla. Dist. Ct. App. 2012)
Case details for

Ramos v. State

Case Details

Full title:Jesus Eduardo RAMOS, Appellant, v. STATE of Florida, Appellee.

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

Date published: May 16, 2012

Citations

88 So. 3d 997 (Fla. Dist. Ct. App. 2012)