RODRIGUEZ v. STATE, 4D10-2016 (Fla.App. 4 Dist. 11-30-2011)

PER CURIAM.

Affirmed. The January 2010 postconviction motion was untimely. State v. Green, 944 So. 2d 208 (Fla. 2006). Padilla v. Kentucky, 130 S.Ct. 1473 (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.

Not final until disposition of timely filed motion for rehearing.