REYNALDO A. DIAZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2013-01-09
No. 4D11-4696
STEVENSON, DAMOORGIAN and CONNER, JJ., concur.
107 So. 3d 448 Florida District Court of Appeal, Fourth District (2013) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed without prejudice to appellant Diaz’s right to pursue by exhaustion of administrative remedies with the Department of Corrections any right to prison credits or recalculations of his time served to which he may be entitled based on his assertions here. See Taylor v. Dugger, 527 So.2d 891 (Fla. 1st DCA 1988). Diaz has not shown that his sentence in this case is illegal for purposes of a challenge under Florida Rule of Criminal Procedure 3.800(a), and is not claiming entitlement to jail time credit in his motion. He has failed to demonstrate entitlement to relief under case law such as Dilbert v. State, 642 So.2d 831 (Fla. 2d DCA 1994).

STEVENSON, DAMOORGIAN and CONNER, JJ., concur.


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Cited By

  • Reynaldo A. Diaz v. State, 166 So. 3d 892 (Fla. 4th DCA 2015)
    …This decision is without prejudice to Diaz’s right to pursue, through administrative remedies within the Department of Corrections, any right to recalculation of his sentence. See Taylor v. Dugger, 527 So. 2d 891 (Fla. 1st DCA 1988); Diaz v. State, 107 So. 3d 448 (Fla. 4th DCA 2013). Affirmed without prejudice. WARNER, CIKLIN and LEVINE, JJ., concur.…

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