Florida District Courts of Appeal, 2013

Diaz v. State

Diaz v. State
Florida District Courts of Appeal · Decided January 9, 2013 · Conner, Damoorgian, Stevenson
107 So. 3d 448; 2013 WL 85434 (Southern Reporter, Third Series)

Diaz v. State

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.