
    Felio CRUZ, Appellant, v. The STATE of Florida, Appellee.
    No. 3D04-2778.
    District Court of Appeal of Florida, Third District.
    Jan. 19, 2005.
    Felio Cruz, in proper person.
    Charles J. Crist, Jr., Attorney General, for appellee.
    Before COPE, WELLS and SHEPHERD, JJ.
   PER CURIAM.

The claim of defendant-appellant Felio Cruz that his sentence for robbery exceeds the legal maximum is without merit. See § 813.011, Fla. Stat. (1969) (robbery is punishable “by imprisonment in the state prison for life or any lesser term of years, at the discretion of the court.”). Thus, the fifty-year sentence is a legal sentence.

The defendant’s remaining claims are fact-based claims which must be brought under Florida Rule of Criminal Procedure 3.850, and are time-barred. See Fla. R.Crim. P. 3.850(b).

Affirmed. 
      
       Defendant's motion under Florida Rule of Criminal Procedure 3.800(a) asserts that the crime date was December 10, 1969.
     