Jose Omar CERNA, Appellant, v. STATE of Florida, Appellee
Florida District Court of Appeal
· December 9, 2011 · Docket No. 2D11-1104
75 So. 3d 829
Syllabus
Jose Omar CERNA, Appellant, v. STATE of Florida, Appellee. No. 2D11-1104. District Court of Appeal of Florida, Second District. Dec. 9, 2011. Jan Peter Weiss, Lake Worth, for Appellant.
Full Opinion (814 characters)
PER CURIAM. Jose Omar Cerna appeals the summary denial of his 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. DAVIS, KELLY, and LaROSE, JJ., Concur.
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