Roger Lopez v. State

144 So. 3d 631, 2014 WL 3843193, 2014 Fla. App. LEXIS 12019

Opinion

PER CURIAM.

On Remand

This case is before the Court on remand from the Florida Supreme Court which quashed our decision in Lopez v. State, 84 So.3d 389 (Fla. 4th DCA 2012). Appellant entered his plea in this case on April 22, 2009. He did not appeal. His conviction became final on direct review on or about May 22, 2009.

Padilla v. Kentucky, 559 U.S. 356, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010), which issued on March 31, 2010, does not apply retroactively to convictions that were final on direct review at the time Padilla issued. Chaidez v. United States, — U.S. -, 133 S.Ct. 1103, 185 L.Ed.2d 149 (2013); Hernandez v. State, 124 So.3d 757 (Fla.2012).

Appellant filed this timely rule 3.850 motion seeking to withdraw his plea on June 2, 2010, after Padilla had been decided. We have held that Padilla does not apply retroactively in this situation. Perez v. State, 120 So.3d 49, 51 (Fla. 4th DCA 2013) (holding that Castaño v. State, 119 So.3d 1208 (Fla.2012), applies only where the postconviction claim was pending before the trial court when Padilla was decided).

Affirmed.

TAYLOR, GERBER and LEVINE, JJ., concur.