WILFREDO DARIA, v. STATE OF FLORIDA

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA WILFREDO DARIA, Appellant, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D12-1142 STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed July 3, 2012. An appeal from the Circuit Court for Duval County. Tyrie W. Boyer, Judge. Victoria A. Holmberg, Clearwater, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee. PER CURIAM. AFFIRMED. See Hernandez v. State, 61 So. 3d 1144 (Fla. 3d DCA 2011) (holding that Padilla v. Kentucky, 130 S.Ct. 1473 (2011), does not apply retroactively to defendants whose convictions were already final when that case was decided), rev. granted, 81 So. 3d 414 (Fla. 2012); Barrios-Cruz v. State, 63 So. 3d 868 (Fla. 2d DCA 2011) (same); State v. Shaikh, 65 So. 2d 539 (Fla. 5th DCA 2011) (same). THOMAS, WETHERELL, and MARSTILLER, JJ., CONCUR. 2

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