Gutierrez v. State

District Court of Appeal of Florida

Gutierrez v. State

110 So. 3d 502, 2013 WL 1222704, 2013 Fla. App. LEXIS 4905

District Court of Appeal of Florida·Decided March 27, 2013·No. No. 4D12-3266·Published

Opinion

PER CURIAM.

We affirm the trial court’s denial of appellant’s untimely motion for postconviction relief. See State v. Green, 944 So.2d 208 (Fla.2006). Appellant failed to establish any valid exception to the time limitation. Further, Padilla v. Kentucky, 559 U.S. 356, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010), does not apply retroactively to convictions which were final at the time that decision issued. Chaidez v. United States, — U.S. —, 133 S.Ct. 1103, 185 L.Ed.2d 149 (2013); Hernandez v. State, — So.3d —(Fla.2012).

Affirmed.

GROSS, GERBER and CONNER, JJ„ concur.

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PER CURIAM.

We affirm the trial court’s denial of appellant’s untimely motion for postconviction relief. See State v. Green, 944 So.2d 208 (Fla.2006). Appellant failed to establish any valid exception to the time limitation. Further, Padilla v. Kentucky, 559 U.S. 356, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010), does not apply retroactively to convictions which were final at the time that decision issued. Chaidez v. United States, — U.S. —, 133 S.Ct. 1103, 185 L.Ed.2d 149 (2013); Hernandez v. State, — So.3d —(Fla.2012).

Affirmed.

GROSS, GERBER and CONNER, JJ„ concur.

Gutierrez v. State, 110 So. 3d 502, 2013 WL 1222704, 2013 Fla. App. LEXIS 4905 (Fla. Ct. App. 2013).

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Opinion

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