Louis v. State, 95 So. 3d 1001 (Fla. 2d DCA 2012). · Go Syfert
Louis v. State, 95 So. 3d 1001 (Fla. 2d DCA 2012). Cases Citing This Book View Copy Cite
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Roger LOUIS
v.
STATE of Florida
No. 2D11-5902.
District Court of Appeal of Florida, Second District.
Aug 22, 2012.
95 So. 3d 1001
Jason A. Pollack, Miami Lakes, for Appellant.
Morris, Wallace, Whatley.
Published
WHATLEY, Judge.

Roger Louis appeals the summary denial of his motion for postconviction relief filed under Florida Rule of Criminal Procedure 3.850. 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 post-conviction 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.

WALLACE and MORRIS, JJ., Concur.