STATE OF FLORIDA, PETITIONER,
v.
JEFFREY C. HIEBER, RESPONDENT
STATE OF FLORIDA, PETITIONER,
JEFFREY C. HIEBER, RESPONDENT
553 So. 2d 704
Florida Supreme Court (1989)
Positive Treatment
Cited by 2 cases
Opinion of the Court
McDONALD, Justice.
We have for review State v. Hieber, 541 So. 2d 1208 (Fla. 2d DCA 1988), in which the district court certified conflict with State v. Williams, 463 So. 2d 525 (Fla. 3d DCA 1985).* In Hieber the court dismissed the state’s appeal of Hieber's downward departure sentence because the state’s notice of appeal was untimely. We recently disapproved Williams and held that the state’s notice of appeal is untimely if not filed within fifteen days of pronouncement of sentence. Fox v. District Court of Appeal, Fourth District, 553 So. 2d 161 (Fla.1989). We therefore approve Hieber. It is so ordered.
EHRLICH, C.J., and OVERTON, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur. *
We have jurisdiction pursuant to art. V, § 3(b)(4), Fla. Const.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. McCRAY, 557 So. 2d 33 (Fla. 1990)…approve the district court’s dismissing the state’s appeal as untimely filed, State v. McCray, 544 So. 2d 313 (Fla. 2d DCA 1989), because we have decided this issue in Fox v. District Court of Appeal, 553 So. 2d 161 (Fla.1989), and State v. Hieber, 553 So. 2d 704 (Fla.1989), adversely to the state. It is so ordered. EHRLICH, C.J., and OVERTON, SHAW, BARKETT, GRIMES and ' KOGAN, JJ., concur.…
Authorities Cited
- State v. Williams, 463 So. 2d 525 (Fla. 3d DCA 1985)
- FOX v. Dist. Court OF Appeal, 553 So. 2d 161 (Fla. 1989)
- State v. Hieber, 541 So. 2d 1208 (Fla. 2d DCA 1988)
- Watts v. State, 541 So. 2d 1208 (Fla. 2d DCA 1988)