Opinion
No. 74294.
December 21, 1989.
Application for Review of the Decision of the District Court of Appeal — Direct Conflict of Decisions; Second District — Case No. 88-02488, 88-02489, 88-02490, (Hillsborough County) 88-02491, 88-02492, 88-02494, 88-02495, 88-02496.
Robert A. Butterworth, Atty. Gen. and Peggy A. Quince, Asst. Atty. Gen., Tampa, for petitioner.
James Marion Moorman, Public Defender and Paul C. Helm, Asst. Public Defender, Tenth Judicial Circuit, Bartow, for respondent.
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 case the district court consolidated eight cases and granted the appellees' motions to dismiss the state's appeals, as untimely filed, of the appellees' downward departure sentences. 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). Therefore, we approve Byers.
We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.
It is so ordered.
EHRLICH, C.J., and OVERTON, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.