State v. McCray

Full title: STATE OF FLORIDA, PETITIONER, v. CHARLES E. McCRAY, RESPONDENT

Court: Supreme Court of Florida

Date published: Mar 1, 1990

557 So. 2d 33 (Fla. 1990)

Opinion

No. 74315.

March 1, 1990.

Application for Review of the Decision of the District Court of Appeal — Direct Conflict of Decisions Second District — No. 88-00163 (Polk County).

Robert A. Butterworth, Atty. Gen., and David R. Gemmer, Asst. Atty. Gen., Tampa, for petitioner.

James Marion Moorman, Public Defender, and Paul C. Helm, Asst. Public Defender, Bartow, for respondent.

McDONALD, Justice.

We 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.