75 So. 3d 827

Hanita Binte CREWS, Appellant, v. STATE of Florida, Appellee.

No. 2D10-5433.

District Court of Appeal of Florida, Second District.

Dec. 9, 2011.

Richard H. Maney of Maney & Gordon, P.A., Tampa, for Appellant.

PER CURIAM.

Hanita Binte Crews appeals the summary denial of her motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850, which the post-conviction 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.

Crews v. State
75 So. 3d 827

Case Details

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

75 So. 3d 827

Jurisdiction
Florida

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