Sanchez v. State
89 So. 3d 1118, 2012 WL 2126552, 2012 Fla. App. LEXIS 9462
Procedural entryThis page is a short order in Sanchez v. State. Read the opinion of the Court — 2009 Fla. App. LEXIS 10130 →
Opinion
Juan Sanchez appeals the summary denial of his motion for postconviction relief filed under Florida Rule of Criminal Procedure 3.850. The postconviction 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 postconviction 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.
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Sanchez v. State, 89 So. 3d 1118, 2012 WL 2126552, 2012 Fla. App. LEXIS 9462 (Fla. Ct. App. 2012).
89 So. 3d 1118 (Sanchez v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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)