Supreme Court of Florida, 1989

State v. Hieber

Supreme Court of Florida · Decided December 21, 1989 · Barkett, Ehrlich, Grimes, Kogan, McDonald, Overton, Shaw

553 So. 2d 704; 15 Fla. L. Weekly Supp. 2; 1989 Fla. LEXIS 1248; 1989 WL 156441 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

State v. McCray (Fla. 1990)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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.

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