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STATE v. McCRAY

No. 74315.

557 So.2d 33 (1990)

STATE of Florida, Petitioner, v. Charles E. McCRAY, Respondent.

Supreme Court of Florida.

March 1, 1990.

Attorney(s) appearing for the Case

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...

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