NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING
MOTION AND, IF FILED, DETERMINED
IN THE DISTRICT COURT OF APPEAL
JORGE ARMANDO DAVILA,
STATE OF FLORIDA,
Case No. 2D11-2021
Opinion filed February 15, 2012.
Appeal pursuant to Fla. R. App. P.
9.141(b)(2) from the Circuit Court for Collier
County, Frederick R. Hardt, Judge.
Grisel Ybarra, Miami, for Appellant.
Jorge Armando Davila appeals the summary denial of his motion for
postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We
affirm. See Barrios-Cruz v. State, 63 So. 3d 868 (Fla. 2d DCA 2011). As in BarriosCruz, 63 So. 3d at 870, we hold that Padilla v. Kentucky, 130 S. Ct. 1473 (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, 130
S.Ct. 1473 (2010), BE APPLIED RETROACTIVELY IN
Affirmed; question certified.
WALLACE, KHOUZAM, and CRENSHAW, JJ., Concur