Ted Kalim MARESCOT, Appellant, v. STATE of Florida, Appellee
Florida District Court of Appeal
· August 17, 2012 · Docket No. 2D12-470
94 So. 3d 721
Syllabus
Ted Kalim MARESCOT, Appellant, v. STATE of Florida, Appellee. No. 2D12-470. District Court of Appeal of Florida, Second District. Aug. 17, 2012.
Full Opinion (730 characters)
VILLANTI, Judge. Ted Kalim Marescot appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 8.850. The postcon-viction court ruled that the motion was untimely, and we agree. See Barrios-Cruz v. State, 63 So.3d 868 (Fla. 2d DCA 2011). As we did 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 post-conviction proceedings, and we certify the following question of great public importance: 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. ALTENBERND and LaROSE, JJ., Concur.
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