Judges: Per Curiam
Filed: Dec. 09, 2011
Latest Update: Mar. 02, 2020
Summary: 75 So. 3d 826 (2011) Earle A. PICKETT, Appellant, v. STATE of Florida, Appellee. No. 2D11-1300. District Court of Appeal of Florida, Second District. December 9, 2011. *827 PER CURIAM. Earle A. Pickett 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 tha
Summary: 75 So. 3d 826 (2011) Earle A. PICKETT, Appellant, v. STATE of Florida, Appellee. No. 2D11-1300. District Court of Appeal of Florida, Second District. December 9, 2011. *827 PER CURIAM. Earle A. Pickett 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..
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75 So. 3d 826 (2011)
Earle A. PICKETT, Appellant,
v.
STATE of Florida, Appellee.
No. 2D11-1300.
District Court of Appeal of Florida, Second District.
December 9, 2011.
PER CURIAM.
Earle A. Pickett 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, ___ 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.
