Hanita Binte CREWS, Appellant, v. STATE of Florida, Appellee
Florida District Court of Appeal
· December 9, 2011 · Docket No. 2D10-5433
75 So. 3d 827
Syllabus
Hanita Binte CREWS, Appellant, v. STATE of Florida, Appellee. No. 2D10-5433. District Court of Appeal of Florida, Second District. Dec. 9, 2011. Richard H. Maney of Maney & Gordon, P.A., Tampa, for Appellant.
Full Opinion (818 characters)
PER CURIAM. Hanita Binte Crews appeals the summary denial of her motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850, which the post-conviction 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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