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553 So. 2d 703

553 So.2d 703

15 Fla.L.WeeklySupp. 1

State v. Byers

Supreme Court of Florida

Decided December 21, 1989

Supreme Court of Florida · decided 1989-12-21

Relies on 463 So. 2d 525 - State v. Williams · 553 So. 2d 161 - Fox v. District Court of Appeal, Fourth Dist. · 545 So. 2d 931 - State v. Byers

Decided 1989-12-21

McDONALD, Justice.

¶1We review State v. Byers, 545 So.2d 931 (Fla. 2d DCA 1989), because of certified conflict with State v. Williams, 463 So.2d 525 (Fla. 3d DCA 1985).* In the instant ease the district court consolidated eight eases and granted the appellees’ motions to dismiss the state’s appeals, as untimely filed, of the appellees’ downward departure sentences. We recently disapproved Williamsand 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). Therefore, we approve Byers.

¶2It is so ordered.

EHRLICH, C.J., and OVERTON, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.

¶3 We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

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