75 So. 3d 827

Visky BLAIN, Appellant, v. STATE of Florida, Appellee.

No. 2D10-5493.

District Court of Appeal of Florida, Second District.

Dec. 9, 2011.

*828PER CURIAM.

Visky Blain 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 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, ā€” 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, ā€” U.S. -, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010), BE APPLIED RETROACTIVELY IN POSTCONVICTION PROCEEDINGS?

Affirmed.

DAVIS, KELLY, and LaROSE, JJā€ž Concur.

Blain v. State
75 So. 3d 827

Case Details

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

75 So. 3d 827

Jurisdiction
Florida

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