Fundora v. State

District Court of Appeal of Florida

Fundora v. State

86 So. 3d 544, 2012 WL 1320133, 2012 Fla. App. LEXIS 5910

CourtDistrict Court of Appeal of Florida

DecidedApril 18, 2012

DocketNo. 2D11-4532

StatusPublished

This text of 86 So. 3d 544 (Fundora 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

Fundora v. State, 86 So. 3d 544, 2012 WL 1320133, 2012 Fla. App. LEXIS 5910 (Fla. Ct. App. 2012).

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Opinion

PER CURIAM.

Roberto Fundora 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.

WHATLEY, LaROSE, and BLACK, JJ., Concur.

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PER CURIAM.

Roberto Fundora 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.

WHATLEY, LaROSE, and BLACK, JJ., Concur.

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Bluebook (online)

86 So. 3d 544, 2012 WL 1320133, 2012 Fla. App. LEXIS 5910, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fundora-v-state-fladistctapp-2012.

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