Outcome n/a Florida 2011

Robert DONLAN, Appellant, v. STATE of Florida, Appellee

Florida District Court of Appeal · December 9, 2011 · Docket No. 2D11-1819
75 So. 3d 822

Syllabus

Robert DONLAN, Appellant, v. STATE of Florida, Appellee. No. 2D11-1819. District Court of Appeal of Florida, Second District. Dec. 9, 2011. Arturo R. Rios, St. Petersburg, for Appellant.

Full Opinion (812 characters)
PER CURIAM.
Robert Donlan 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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