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DESPART v. STATE
District Court of Appeal of Florida, Fifth District.
Apr 30, 2004
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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