Restrepo v. State

Full title: Paola Andrea RESTREPO, Appellant, v. STATE of Florida, Appellee.

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

Date published: Apr 13, 2012

86 So. 3d 538 (Fla. Dist. Ct. App. 2012)

Opinion

No. 2D11–4623.

2012-04-13

Paola Andrea RESTREPO, Appellant, v. STATE of Florida, Appellee.

PER CURIAM.

Appeal pursuant to Fla. R.App. P. 9.141(b)(2) from the Circuit Court for Collier County; Franklin G. Baker, Judge.
Rexford G. Darrow, II, of Faett & Darrow, Naples, for Appellant.

PER CURIAM.

Paola Andrea Restrepo appeals the summary denial of her motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850, which the postconviction court denied 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, LaROSE, and BLACK, JJ., Concur.