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DESPART v. STATE

No. 5D04-731.

871 So.2d 312 (2004)

Thomas DESPART, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

April 30, 2004.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Nancy Ryan, Assistant Public Defender, Daytona Beach, for Appellant.

Thomas Despart, Arcadia, pro se.

No Appearance for Appellee.

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...

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