STATE OF FLORIDA, APPELLANT,
v.
JEFFREY C. HIEBER, APPELLEE
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PER CURIAM.
The state appeals a sentence which deviates downward from the guideline recommendation. The record reveals that appel-lee was sentenced on February 16, 1987, that written reasons supporting the guideline departure were not filed until May 12, 1987, and that no notice of appeal was filed until after the departure order had been entered. Because it is the sentencing itself which triggers the time for filing an appeal, and not the subsequent entry of the departure order, the state’s notice is untimely and this court lacks jurisdiction to entertain their appeal. State v. Ealy, 533 So. 2d 1173 (Fla. 2d DCA 1988). As in Ealy, we acknowledge that this result conflicts with State v. Williams, 463 So. 2d 525 (Fla. 3d DCA 1985).
APPEAL DISMISSED.
SCHEB, A.C.J., and DANAHY and HALL, JJ., concur.
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State v. McCRAY, 544 So. 2d 313 (Fla. 2d DCA 1989)…re recently, this court has held that a notice of appeal filed within fifteen days of the rendition of an order stating reasons for departure, but more than fifteen days from the rendition of the judgment and sentence, was untimely. State v. Hieber, 541 So. 2d 1208 (Fla. 2d DCA 1988). The state contends that the December 21, 1987, orders which set forth the conditions of probation and community control should trigger the time for taking an appeal, not the judgment orders. This argument is without merit. The j…
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State v. Byers, 545 So. 2d 931 (Fla. 2d DCA 1989)…nges the trial court’s downward departure from the sentencing guidelines. Because the notices of appeal were filed more than fifteen days after the judgments and sentences were rendered, we dismiss the appeals as untimely filed. See State v. Hieber, 541 So. 2d 1208 (Fla. 2d DCA 1988); State v. Ealy, 533 So. 2d 1173 (Fla. 2d DCA 1988). As in Hieber and Ealy, we acknowl [*932] edge that our decision is in conflict with State v. Williams, 463 So. 2d 525 (Fla. 3d DCA 1985). RYDER, A.C.J., and LEHAN and ALTENBERN…
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State v. Hieber, 553 So. 2d 704 (Fla. 1989)…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 app…
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- State v. Williams, 463 So. 2d 525 (Fla. 3d DCA 1985)
- State v. Robbie Ealy, 533 So. 2d 1173 (Fla. 2d DCA 1988)