Sanchez v. State

86 So. 3d 569, 2012 Fla. App. LEXIS 6365, 2012 WL 1415447
Procedural entryThis page is a short order in Sanchez v. State. Read the opinion of the Court — 2009 Fla. App. LEXIS 10130
District Court of Appeal of Florida·Decided April 25, 2012·No. No. 2D11-4115·Published

Opinion

PER CURIAM.

Affirmed. See Barrios-Cruz v. State, 63 So.3d 868 (Fla. 2d DCA 2011). As 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 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; question certified.

CASANUEVA, KHOUZAM, and BLACK, JJ., Concur.

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Sanchez v. State, 86 So. 3d 569, 2012 Fla. App. LEXIS 6365, 2012 WL 1415447 (Fla. Ct. App. 2012).

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Related

Padilla v. Kentucky
559 U.S. 356 (Supreme Court, 2010)
Barrios-Cruz v. State
63 So. 3d 868 (District Court of Appeal of Florida, 2011)