Dixon v. State

District Court of Appeal of Florida

Dixon v. State

80 So. 3d 423, 2012 WL 470225, 2012 Fla. App. LEXIS 2263

CourtDistrict Court of Appeal of Florida

DecidedFebruary 15, 2012

Docket2D11-2179

StatusPublished

This text of 80 So. 3d 423 (Dixon v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dixon v. State, 80 So. 3d 423, 2012 WL 470225, 2012 Fla. App. LEXIS 2263 (Fla. Ct. App. 2012).

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Opinion

MORRIS, Judge.

Bernard Dixon appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. 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 and LaROSE, JJ., Concur.

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MORRIS, Judge.

Bernard Dixon appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. 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 and LaROSE, JJ., Concur.

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80 So. 3d 423, 2012 WL 470225, 2012 Fla. App. LEXIS 2263, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dixon-v-state-fladistctapp-2012.

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