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Rodriguez v. State
75 So. 3d 391
Fla. Dist. Ct. App.
2011
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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.

Case Details

Case Name: Rodriguez v. State
Court Name: District Court of Appeal of Florida
Date Published: Nov 30, 2011
Citation: 75 So. 3d 391
Docket Number: No. 4D10-2016
Court Abbreviation: Fla. Dist. Ct. App.
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