Third District Court of Appeal
State of Florida
Opinion filed February 17, 2021.
Not final until disposition of timely filed motion for rehearing.
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No. 3D20-1590
Lower Tribunal No. 03-16995
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Pablo Diaz,
Appellant,
vs.
The State of Florida,
Appellee.
An appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from
the Circuit Court for Miami-Dade County, Jose L. Fernandez, Judge.
Pablo Diaz, in proper person.
Ashley Moody, Attorney General, and Ivy R. Ginsberg, Assistant
Attorney General, for appellee.
Before EMAS, C.J., and FERNANDEZ, and MILLER, JJ.
MILLER, J.
Pablo Diaz appeals the denial of his motion to correct illegal sentence
pursuant to Florida Rule of Criminal Procedure 3.800(a). Notwithstanding
the facial insufficiency of the motion, in the proceedings below, the State
timely filed written notice of its intent to seek enhanced sentencing under
section 775.082, Florida Statutes (2003), and, after a jury returned a verdict
of guilty, a sentencing hearing was convened where the preponderance of
the evidence established Diaz had been released from prison for his
manslaughter conviction within three years of committing the qualifying
offenses of aggravated battery and armed kidnapping. See Fla. R. Crim. P.
3.800(a)(1); § 775.082(9)(a)(1)(i), Fla. Stat.; § 775.082(9)(a)(1)(k), Fla. Stat.;
§ 775.087(2)(a)(1)(f), Fla. Stat.; § 775.087(2)(a)(1)(g), Fla. Stat.; Fitzpatrick
v. State,
868 So. 2d 615, 616 (Fla. 2d DCA 2004) (“[A] defendant qualifies
for sentencing under the P[risoner] R[eleasee] R[eoffender Punishment] Act
if the defendant commits one of the enumerated offenses, . . . ‘within [three]
years after being released from a state correctional facility’ or another
qualifying institution.”) (citation omitted). Consequently, the trial court
properly imposed the minimum mandatory sentences Diaz challenged by
way of his motion. 1 See Foulks v. State,
306 So. 3d 1178, 1182 (Fla. 3d
1
We summarily reject the contention that the State was required to allege
Diaz qualified for enhanced sentencing in the charging document.
2
DCA 2020) (“Imposing a PRR sentence is mandatory once the State proves
that the defendant qualifies.”) (citation omitted). Hence, we discern no error
and affirm.
Affirmed.
3
