Jose Rodriguez v. State

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2011 JOSE RODRIGUEZ, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D10-2016 [November 30, 2011] PER CURIAM. Affirmed. The January 2010 postconviction motion was untimely. State v. Green, 944 So. 2d 208 (Fla. 2006). Padilla v. Kentucky, 130 S.Ct. 1473 (2010), does not apply retroactively to this 2004 plea. Hernandez v. State, 61 So. 3d 1144 (Fla. 3d DCA 2011). MAY, C.J., GROSS and LEVINE, JJ., concur. * * * Appeal of order denying rule 3.850 motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Stephen Rapp, Judge; L.T. Case No. 2004CF005581AXX. Jose Rodriguez, Miami, pro se. No appearance required for appellee. Not final until disposition of timely filed motion for rehearing.

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