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Margarita FISENKO, Appellant, v. STATE of Florida, Appellee

Florida District Court of Appeal2013-01-09No. No. 4D12-1793
104 So. 3d 1280

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Opinion

majority opinion

PER CURIAM.

Affirmed. Padilla v. Kentucky, 559 U.S. 356, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010), does not apply retroactively to the 2005 plea in this case. Hernandez v. State, — So.3d - (Fla.2012). The March 21, 2012, postconviction motion was untimely. POLEN, TAYLOR and LEVINE, JJ., concur.