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RODRIGUEZ v. STATE

No. 4D10-2016.

75 So.3d 391 (2011)

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

District Court of Appeal of Florida, Fourth District.

November 30, 2011.

Attorney(s) appearing for the Case

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. Hernandez v. State, 61 So.3d 1144 (Fla.3d DCA 2011).

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

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