WOOD v. STATE

No. 5D04-145.

867 So.2d 590 (2004)

Robert WOOD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

March 5, 2004.


Attorney(s) appearing for the Case

Robert Wood, South Bay, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Belle B. Schumann, Assistant Attorney General, Daytona Beach, for Appellee.


SHARP, W., J.

Wood appeals from the summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.850, in which he seeks to challenge as invalid the reasons given by the trial court for his "departure sentence" of 50 years. After his conviction for second degree murder in 1991, he was sentenced to an upwards departure sentence of 50 years. We affirm, because the motion is untimely and because it is successive and an abuse of process.

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