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Anthony LITCHMORE, Appellant, v. STATE of Florida, Appellee

Florida District Court of Appeal2012-09-14No. No. 2D12-800
96 So. 3d 1157

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Opinion

majority opinion

KHOUZAM, Judge.

Anthony Litchmore appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The postcon-viction court ruled that the motion was untimely, and we agree. See Barrios-Cruz v. State, 63 So.3d 868 (Fla. 2d DCA 2011). As we did in Barrios-Cruz, 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 the following question of great public importance: 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.

ALTENBERND and MORRIS, JJ„ Concur.