Herrera v. State

District Court of Appeal of Florida

Herrera v. State

90 So. 3d 864, 2012 WL 1970284, 2012 Fla. App. LEXIS 8786

CourtDistrict Court of Appeal of Florida

DecidedJune 1, 2012

DocketNo. 2D11-4382

StatusPublished

This text of 90 So. 3d 864 (Herrera 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

Herrera v. State, 90 So. 3d 864, 2012 WL 1970284, 2012 Fla. App. LEXIS 8786 (Fla. Ct. App. 2012).

Pincite

Opinion

PER CURIAM.

Affirmed. See Barrios-Cruz v. State, 63 So.3d 868 (Fla. 2d DCA 2011). As 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 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; question certified.

ALTENBERND, KHOUZAM, and MORRIS, JJ., Concur.

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