Opinion
No. 4D11-4696
01-09-2013
REYNALDO A. DIAZ, Appellant, v. STATE OF FLORIDA, Appellee.
Reynaldo Diaz, Cross City, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Joseph A. Tringali, Assistant Attorney General, West Palm Beach, for appellee.
.
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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Appeal of order denying rule 3.800 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Michael A. Robinson, Judge; L.T. Case No. 81-10807 CF10A.
Reynaldo Diaz, Cross City, pro se.
Pamela Jo Bondi, Attorney General, Tallahassee, and Joseph A. Tringali, Assistant Attorney General, West Palm Beach, for appellee.
Not final until disposition of timely filed motion for rehearing.