Ramos v. State

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IN THE SECOND DISTRICT COURT OF APPEAL, LAKELAND, FLORIDA May 16, 2012 JESUS EDUARDO RAMOS, Appellant, v. STATE OF FLORIDA, Appellee. ) ) ) ) ) ) ) ) ) ) Case No. 2D11-2209 BY ORDER OF THE COURT: Upon consideration of Appellant's motion for rehearing, rehearing is granted and this court's opinion dated January 13, 2012, is withdrawn. The attached opinion is substituted therefor. I HEREBY CERTIFY THE FOREGOING IS A TRUE COPY OF THE ORIGINAL COURT ORDER. JAMES R. BIRKHOLD, CLERK NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT JESUS EDUARDO RAMOS, ) ) Appellant, ) ) v. ) ) STATE OF FLORIDA, ) ) Appellee. ) __________________________________ ) Case No. 2D11-2209 Opinion filed May 16, 2012. Appeal from the Circuit Court for Collier County; Frederick R. Hardt, Judge. Stephen M. Grogoza, Naples, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Donna S. Koch, Assistant Attorney General, Tampa, for Appellee. PER CURIAM. Affirmed. See Barrios-Cruz v. State, 63 So. 2d 868 (Fla. 2d DCA 2011). As in Barrios-Cruz, 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 POSTCONVICTION PROCEEDINGS? Affirmed; question certified. SILBERMAN, C.J., and NORTHCUTT and MORRIS, JJ., Concur. -2-

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