Florida District Courts of Appeal, 2004

Despart v. State

Despart v. State
Florida District Courts of Appeal · Decided April 30, 2004 · Orfinger, Peterson, Sharp
871 So. 2d 312; 2004 Fla. App. LEXIS 6048; 2004 WL 912427 (Southern Reporter, Second Series)

Despart v. State

Opinion of the Court

SHARP, W„ J.

Despart appeals from the summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a) to correct an illegal sentence. Because his appeal is untimely, we dismiss without prejudice to Despart to file a petition for a belated appeal. See Proctor v. State, 845 So.2d 1007 (Fla. 5th DCA 2003).

DISMISSED.

PETERSON and ORFINGER, JJ., concur.

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