JOSE RODRIGUEZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2011-11-30
No. 4D10-2016
MAY, C.J., GROSS and LEVINE, JJ., concur.
75 So. 3d 391 Florida District Court of Appeal, Fourth District (2011) Positive Treatment
Cited by 3 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. The January 2010 postcon-viction 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. Hernandez v. State, 61 So.3d 1144 (Fla. 3d DCA 2011).

MAY, C.J., GROSS and LEVINE, JJ., concur.


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