LAZARO ANGEL-BELLO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 2012-07-11
No. 1D12-513
WOLF, ROWE, and SWANSON, JJ„ concur.
91 So. 3d 276 Florida District Court of Appeal, First District (2012) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

AFFIRMED. See Hernandez v. State, 61 So.3d 1144 (Fla. 3d DCA 2011) (holding Padilla v. Kentucky, — U.S. -, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010), shall not be applied retroactively), rev. granted, 81 So.3d 414 (Fla.2012).

WOLF, ROWE, and SWANSON, JJ„ concur.


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  • Efren Zamora v. State, 112 So. 3d 112 (Fla. 1st DCA 2012)
    …granted, 81 So. 3d 414 (Fla.2012); Santiago v. State, 65 So. 3d 575 (Fla. 5th DCA 2011). We join the other district courts of appeal in Florida, which have concluded that Padilla is not to be retroactively applied. See e.g., Angel-Bello v. State, 91 So. 3d 276 (Fla. 1st DCA 2012); Barreneche v. State, 80 So. 3d 455 (Fla. 1st DCA 2012). In joining, we note that our supreme court has accepted jurisdiction in Hernandez to resolve in Florida the rule to be applied. See Hernandez, 61 So. 3d 1144, rev. granted,…

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