STATE OF FLORIDA, APPELLANT,
v.
CHESTER T. BYERS, APPELLEE

Fla. 2d DCA | 1989-05-19
Nos. 88-02488 to 88-02492 and 88-02494 to 88-02496
RYDER, A.C.J., and LEHAN and ALTENBERND, JJ., concur.
545 So. 2d 931 Florida District Court of Appeal, Second District (1989) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

In these eight appeals, which the court has consolidated on its own motion, the state challenges 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 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 ALTENBERND, JJ., concur.


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  • State v. Byers, 553 So. 2d 703 (Fla. 1989)
    …McDONALD, Justice. We 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 untim…

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