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Burias v. State

Florida Court of Appeal, Second District

December 9, 2011

Kimberly Trianne BURIAS, Appellant,
v.
STATE of Florida, Appellee.

Appeal pursuant to Fla. R.App. P. 9.141(b)(2) from the Circuit Court for Lee County; Edward J. Volz, Jr., Judge.

David J. Mourick, Bonita Springs, for Appellant.

PER CURIAM.

Kimberly Trianne Burias appeals the summary denial of her motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm. See Barrios-Cruz v. State, 63 So.3d 868 (Fla. 2d DCA 2011). As in Barrios-Cruz, 63 So.3d at 870, we hold that Padilla v. Kentucky, __ U.S. __, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010), does not apply retroactively in postconviction proceedings and we certify to the Florida Supreme Court the following question of great public importance pursuant to Florida Rule of Appellate Procedure 9.030(a)(2)(A)(v):

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.

DAVIS, KELLY, and LaROSE, JJ., ...


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