Perez v. State

District Court of Appeal of Florida

Perez v. State

79 So. 3d 132, 2012 Fla. App. LEXIS 1051, 2012 WL 246643

CourtDistrict Court of Appeal of Florida

DecidedJanuary 27, 2012

Docket2D11-2461

StatusPublished

This text of 79 So. 3d 132 (Perez 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

Perez v. State, 79 So. 3d 132, 2012 Fla. App. LEXIS 1051, 2012 WL 246643 (Fla. Ct. App. 2012).

Pincite

Opinion

PER CURIAM.

Leandro Perez appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850, which the postconviction court denied. 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 post-conviction 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.

WALLACE, KHOUZAM, and MORRIS, JJ., Concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

Leandro Perez appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850, which the postconviction court denied. 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 post-conviction 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.

WALLACE, KHOUZAM, and MORRIS, JJ., Concur.

Cite This Page — Counsel Stack

Bluebook (online)

79 So. 3d 132, 2012 Fla. App. LEXIS 1051, 2012 WL 246643, Counsel Stack Legal Research, https://law.counselstack.com/opinion/perez-v-state-fladistctapp-2012.

Opinion

Related

Cite This Page — Counsel Stack