HIRDHANI v. STATE, 96 So.3d 1057 (2012)
Court: Court of Appeals of Florida
Number: inflco20120905194
Visitors: 3
Filed: Sep. 05, 2012
Latest Update: Sep. 05, 2012
Summary: CASANUEVA, Judge. Jonathan Hirdhani appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Mr. Hirdhani raised two grounds in his motion, but the postconviction court correctly denied the motion as untimely. As we did in Barrios-Cruz v. State, 63 So.3d 868 (Fla. 2d DCA 2011), we hold that Padilla v. Kentucky, ___ U.S. ___, 130 S.Ct. 1473 , 176 L.Ed.2d 284 (2010), does not apply retroactively in postconviction pro
Summary: CASANUEVA, Judge. Jonathan Hirdhani appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Mr. Hirdhani raised two grounds in his motion, but the postconviction court correctly denied the motion as untimely. As we did in Barrios-Cruz v. State, 63 So.3d 868 (Fla. 2d DCA 2011), we hold that Padilla v. Kentucky, ___ U.S. ___, 130 S.Ct. 1473 , 176 L.Ed.2d 284 (2010), does not apply retroactively in postconviction proc..
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CASANUEVA, Judge.
Jonathan Hirdhani appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Mr. Hirdhani raised two grounds in his motion, but the postconviction court correctly denied the motion as untimely.
As we did in Barrios-Cruz v. State, 63 So.3d 868 (Fla. 2d DCA 2011), 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.
ALTENBERND and CRENSHAW, JJ., concur.
Source: Leagle
