Diaz v. State

Francisco J. Diaz appeals the summary denial of his motion for postconviction relief. Diaz pled guilty to trafficking in 28 grams or more of heroin in violation of section 893.135(l)(c)l.c., Florida Statutes (1999), and was sentenced to the statutorily mandated twenty-five year minimum mandatory prison term. The denial of Diaz’s earlier motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850 was affirmed by this court. See Diaz v. State, 818 So.2d 521 (Fla. 5th DCA 2002).

Diaz then filed a second rule 3.850 motion. The trial court correctly concluded that two of…