Gutierrez v. State

District Court of Appeal of Florida

Gutierrez v. State

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

CourtDistrict Court of Appeal of Florida

DecidedMarch 27, 2013

DocketNo. 4D12-3266

StatusPublished

This text of 110 So. 3d 502 (Gutierrez 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

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

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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.

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Bluebook (online)

110 So. 3d 502, 2013 WL 1222704, 2013 Fla. App. LEXIS 4905, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gutierrez-v-state-fladistctapp-2013.

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