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THOMAS v. STATE

No. 5D05-258.

905 So.2d 1037 (2005)

Oscar THOMAS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

July 8, 2005.

Attorney(s) appearing for the Case

Oscar Thomas, pro se.

No Appearance for Appellee.

PER CURIAM.

Defendant, Oscar Thomas, seeks to appeal the denial of his Rule 3.850 motion. This court entered a show cause order why his appeal should not be dismissed because his notice of appeal was untimely. Defendant responds he had filed an earlier, timely notice which was "overlooked" by the clerk; however, he provides no documentation to support his assertion. Consequently, this appeal must be dismissed as untimely. This dismissal is without prejudice to file...

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