FRANCISCO DIAZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1998-08-19
No. 98-704
Before SCHWARTZ, C.J., and NESBITT and GREEN, JJ.
715 So. 2d 1128 Florida District Court of Appeal, Third District (1998) Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.

PER CURIAM.

We find no merit to appellant’s motion for post-conviction relief filed pursuant to Flori da Rules of Criminal Procedure, rules 3.800 and 3.850 and thus, affirm the trial court’s denial of his motions. We agree, however, with the State that appellant’s sentence must be corrected to reflect that his sentences on case numbers 93-30316, 93-33038, and 93-33837 are to run consecutive to his current sentences and accordingly, remand for this purpose.

Affirmed and remanded with instructions.

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  • Diaz v. State, 804 So. 2d 620 (Fla. 3d DCA 2002)
    …PER CURIAM. In considering a prior claim by this defendant, we determined that the trial court had correctly concluded that defendant’s sentence should run consecutive to his original prior conviction. See Diaz v. State 715 So. 2d 1128 (Fla. 3d DCA 1998) (ordering defendant’s sentences on case numbers 93-30316, 93-33038, and 93-33837 were to run consecutive to sentences currently being served). Following remand, the defendant was charged with eight new separate felonies. In each c…

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