Hirdhani v. State

District Court of Appeal of Florida

Hirdhani v. State

96 So. 3d 1057, 2012 WL 3822131, 2012 Fla. App. LEXIS 14812

CourtDistrict Court of Appeal of Florida

DecidedSeptember 5, 2012

DocketNo. 2D12-1023

StatusPublished

This text of 96 So. 3d 1057 (Hirdhani 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

Hirdhani v. State, 96 So. 3d 1057, 2012 WL 3822131, 2012 Fla. App. LEXIS 14812 (Fla. Ct. App. 2012).

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Opinion

CASANUEVA, Judge.

Jonathan Hirdhani appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Crim[1058]*1058inal Procedure 3.850. Mr. Hirdhani raised two grounds in his motion, but the post-conviction court correctly denied the motion as untimely.

As we did in Barrios-Cruz v. State, 63 So.3d 868 (Fla. 2d DCA 2011), 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 the following question of great public importance:

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.

ALTENBERND and CRENSHAW, JJ., concur.

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