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Diaz v. State

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT
May 27, 2015
166 So. 3d 892 (Fla. Dist. Ct. App. 2015)

Opinion

No. 4D15–947.

2015-05-27

Reynaldo A. DIAZ, Appellant, v. STATE of Florida, Appellee.

Reynaldo A. Diaz, Cross City, pro se. No appearance required for appellee.


Appeal of order denying rule 3.801 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Michael A. Robinson, Judge; L.T. Case No. 81–10807 CF10A.
Reynaldo A. Diaz, Cross City, pro se. No appearance required for appellee.
PER CURIAM.

Reynaldo Diaz appeals the trial court's order denying his motion for jail credit pursuant to Florida Rule of Criminal Procedure 3.801. We affirm because Diaz does not claim that he is entitled to additional credit for time served in county jail before sentencing, as provided in section 921.161, Florida Statutes. SeeFla. R. Crim. P. 3.801(a). 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.


Summaries of

Diaz v. State

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT
May 27, 2015
166 So. 3d 892 (Fla. Dist. Ct. App. 2015)
Case details for

Diaz v. State

Case Details

Full title:REYNALDO A. DIAZ, Appellant, v. STATE OF FLORIDA, Appellee.

Court:DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT

Date published: May 27, 2015

Citations

166 So. 3d 892 (Fla. Dist. Ct. App. 2015)