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Rodriguez v. State

Florida Court of Appeal, Fourth District

November 30, 2011

Jose RODRIGUEZ, Appellant,
v.
STATE of Florida, Appellee.

Appeal of order denying rule 3.850 motion from the Circuit Court for the Fifteenth

Page 392

Judicial Circuit, Palm Beach County; Stephen Rapp, Judge; L.T. Case No.2004CF005581AXX.

Jose Rodriguez, Miami, pro se.

No appearance required for appellee.

PER CURIAM.

Affirmed. The January 2010 postconviction motion was untimely. State v. Green,944 So.2d 208 (Fla.2006). Padilla v. Kentucky, __ U.S. __, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010), does not apply retroactively to this 2004 plea. Hernand ...


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