Marescot v. State

District Court of Appeal of Florida

Marescot v. State

94 So. 3d 721, 2012 WL 3537821, 2012 Fla. App. LEXIS 13691

CourtDistrict Court of Appeal of Florida

DecidedAugust 17, 2012

DocketNo. 2D12-470

StatusPublished

This text of 94 So. 3d 721 (Marescot 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

Marescot v. State, 94 So. 3d 721, 2012 WL 3537821, 2012 Fla. App. LEXIS 13691 (Fla. Ct. App. 2012).

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Opinion

VILLANTI, Judge.

Ted Kalim Marescot appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 8.850. The postcon-[722]*722viction court ruled that the motion was untimely, and we agree. See Barrios-Cruz v. State, 63 So.3d 868 (Fla. 2d DCA 2011). As we did 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 post-conviction 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 LaROSE, JJ., Concur.

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VILLANTI, Judge.

Ted Kalim Marescot appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 8.850. The postcon-[722]*722viction court ruled that the motion was untimely, and we agree. See Barrios-Cruz v. State, 63 So.3d 868 (Fla. 2d DCA 2011). As we did 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 post-conviction 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 LaROSE, JJ., Concur.

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94 So. 3d 721, 2012 WL 3537821, 2012 Fla. App. LEXIS 13691, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marescot-v-state-fladistctapp-2012.

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