DELBIS DIAZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Cognizable Claim cases and more on FLexlaw
PER CURIAM.
Delbis Diaz appeals from an order summarily denying his motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.800(a). Because the record before us fails to conclusively show that Diaz is not entitled to the relief he seeks, we reverse the order on appeal as to Diaz’s first and second claims1, and remand for an evidentiary hearing or attachment of records that conclusively show that Diaz is not entitled to relief. See Fla. R.App. P. 9.141(b)(2)(A),(D). We affirm denial of relief as to Diaz’ third claim, which is not cognizable by 3.800 petition, and time-barred under Florida Rule of Criminal Procedure 3.850.
Affirmed in part, reversed and remanded in part.
. Diaz claims that his written sentence fails to comport with the orally pronounced sentence (Claim One), and that he was given a twenty-three year general sentence for his two convictions of aggravated battery and burglary with assault and/or battery (Claim Two).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Yanes v. State, 960 So. 2d 834 (Fla. 3d DCA 2007)…failed to investigate or call exculpatory witnesses [when] facially sufficient ... must either be refuted by attachments or an evidentiary hearing held.’ ” Id. at 361 (citation omitted); Jacobs v. State, 880 So. 2d 548 (Fla.2004); Gonzalez v. State, 913 So. 2d 707, 708 (Fla. 3d DCA 2005); Honors v. State, 752 So. 2d 1234, 1235-36 (Fla. 2d DCA 2000). We reverse on point four. The postconviction record does not conclusively refute defendant’s point five. The defendant claims that his counsel mi-sadvised him th…
-
Delbis Diaz v. State, 23 So. 3d 1260 (Fla. 3d DCA 2009)…[*1261] WELLS, Judge. These consolidated appeals arise from issues associated with the resentencing of defendant Delbis Diaz in lower tribunal case number F95-29916, following this court’s remand. See Diaz v. State, 913 So. 2d 707 (Fla. 3d DCA 2005). In case 3D07-708, Diaz appeals the final order rendered October 23, 2006, which denied Diaz’ motion for disqualification of the trial judge. We find no merit to Diaz’ claim and accordingly affirm the order denying that motion. In…