75 So. 3d 823

Roberto Andres SILVAPUENTES, Appellant, v. STATE of Florida, Appellee.

No. 2D11-1625.

District Court of Appeal of Florida, Second District.

Dec. 9, 2011.

Peter N. Macalusco, Tampa, for Appellant.

PER CURIAM.

Roberto Andres Silvapuentes appeals the summary denial of his motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850, which the postconviction court denied as untimely. 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 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.

DAVIS, KELLY, and LaROSE, JJ., Concur.

Silvapuentes v. State
75 So. 3d 823

Case Details

Name
Silvapuentes v. State
Decision Date
Dec 9, 2011
Citations

75 So. 3d 823

Jurisdiction
Florida

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