Legal Opinion

Despart v. State

District Court of Appeal of Florida

Decided April 30, 2004No. 5D04-731PublishedCited by 2 opinions

1Opinion 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.

2Cases cited1 opinion

  1. Proctor v. StateDistrict Court of Appeal of Florida · 2003

3Cited by2 opinions

  1. Ross v. Jim Adams Ford, Inc.District Court of Appeal of Florida · 2004
  2. Harris v. StateDistrict Court of Appeal of Florida · 2005