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Aviles v. State

District Court of Appeal of Florida, Fifth District
Sep 21, 2001
794 So. 2d 734 (Fla. Dist. Ct. App. 2001)

Opinion

Case No. 5D01-2208.

Opinion filed September 21, 2001.

3.800 Appeal from the Circuit Court for Putnam County, A.W. Nichols, III, Judge.

Sidney Aviles, Lake Butler, pro se.

No Appearance for Appellee.


Defendant, Sidney Aviles, appeals the summary denial of his Rule 3.800(a) motion and his amended Rule 3.800(a) motion. He also filed a motion to construe the prior motions as an emergency petition for writ of habeas corpus, which was denied. We find no basis for relief.

In defendant's Rule 3.800(a) motion, he claims that he is entitled to credit for time served in a drug treatment center. He also claims there were errors on his guideline scoresheet. The trial court correctly denied the claim for credit, relying on Williamson v. State, 765 So.2d 89 (Fla. 1st DCA 2000), in which the court held that a defendant is not entitled to credit for time served in a drug treatment program. See also Taylor v. State, 726 So.2d 348 (Fla. 3d DCA 1999). The trial court also correctly denied the scoresheet error claims as meritless or not cognizable in a Rule 3.800(a) motion. See Mathis v. State, 738 So.2d 414 (Fla. 5th DCA), rev. denied, 751 So.2d 51 (Fla. 1999).

AFFIRMED.

SHARP, W. and ORFINGER, R.B., J.J., concur.


Summaries of

Aviles v. State

District Court of Appeal of Florida, Fifth District
Sep 21, 2001
794 So. 2d 734 (Fla. Dist. Ct. App. 2001)
Case details for

Aviles v. State

Case Details

Full title:SIDNEY AVILES, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Fifth District

Date published: Sep 21, 2001

Citations

794 So. 2d 734 (Fla. Dist. Ct. App. 2001)

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