Jean v. State

District Court of Appeal of Florida

Jean v. State

77 So. 3d 845, 2012 Fla. App. LEXIS 357, 2012 WL 104494

CourtDistrict Court of Appeal of Florida

DecidedJanuary 13, 2012

DocketNo. 2D11-2813

StatusPublished

This text of 77 So. 3d 845 (Jean 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.

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Jean v. State, 77 So. 3d 845, 2012 Fla. App. LEXIS 357, 2012 WL 104494 (Fla. Ct. App. 2012).

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Opinion

LaROSE, Judge.

Evins Jean appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The postconviction court denied the motion 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 and DAVIS, JJ., Concur.

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LaROSE, Judge.

Evins Jean appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The postconviction court denied the motion 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 and DAVIS, JJ., Concur.

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77 So. 3d 845, 2012 Fla. App. LEXIS 357, 2012 WL 104494, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jean-v-state-fladistctapp-2012.

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