Opinion
No. 73531.
December 21, 1989.
Application for Review of the Decision of the District Court of Appeal — Direct Conflict of Decisions; Second District — Case No. 87-1478 (Hillsborough County).
Robert A. Butterworth, Atty. Gen., and Stephen A. Baker and Katherine V. Blanco, Asst. Attys. Gen., Tampa, for petitioner.
Stanford R. Solomon of Rudnick Wolfe, Tampa, for respondent.
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.
We have jurisdiction pursuant to art. V, § 3(b)(4), Fla. Const.
It is so ordered.
EHRLICH, C.J., and OVERTON, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.