924.02 – Who May Appeal.
924.02 Who may appeal.—The defendant or the state may appeal in criminal cases. History.—s. 281, ch. 19554, 1939; CGL 1940 Supp. 8663(291); s. 143, ch. 70-339.
924.04 – Appeal by One of Several Defendants.
924.04 Appeal by one of several defendants.—One or more defendants who are tried jointly may appeal, but those who do not join shall not be affected by the appeal except by express provision of the appellate court. History.—s. 283, ch. 19554, 1939; CGL 1940 Supp. 8663(293); s. 145, ch. 70-339.
924.05 – Appeal as Matter of Right.
924.05 Appeal as matter of right.—Direct appeals provided for in this chapter are a matter of right. History.—s. 284, ch. 19554, 1939; CGL 1940 Supp. 8663(294); s. 146, ch. 70-339; s. 3, ch. 96-248.
924.051 – Terms and Conditions of Appeals and Collateral Review in Criminal Cases.
924.051 Terms and conditions of appeals and collateral review in criminal cases.— (1) As used in this section: (a) “Prejudicial error” means an error in the trial court that harmfully affected the judgment or sentence. (b) “Preserved” means that an issue, legal argument, or objection to evidence was timely raised before, and ruled on by, the trial court, and […]
924.055 – Postconviction Review in Capital Cases; Legislative Findings and Intent.
924.055 Postconviction review in capital cases; legislative findings and intent.—It is the intent of the Legislature to reduce delays in capital cases and to ensure that all appeals and postconviction actions in capital cases are resolved as soon as possible after the date a sentence of death is imposed in the circuit court. A person sentenced […]
924.056 – Capital Postconviction Proceedings; Reporting Requirements.
924.056 Capital postconviction proceedings; reporting requirements.— (1) The Supreme Court shall annually report to the Speaker of the House of Representatives and the President of the Senate the status of each capital case in which a postconviction action has been filed that has been continuously pending for more than 3 years. The report must include the name […]
924.057 – Capital Postconviction Proceedings; Legislative Intent.
924.057 Capital postconviction proceedings; legislative intent.—The Legislature acknowledges the efforts made by the judicial branch in establishing the rules of criminal procedure that make the capital postconviction process fair and more efficient. The Legislature also recognizes and commends the judicial branch for continuing these efforts by issuing Administrative Order AOSC13-11, which creates a Capital Postconviction Proceedings […]
924.06 – Appeal by Defendant.
924.06 Appeal by defendant.— (1) A defendant may appeal from: (a) A final judgment of conviction when probation has not been granted under chapter 948, except as provided in subsection (3); (b) An order granting probation under chapter 948; (c) An order revoking probation under chapter 948; (d) A sentence, on the ground that it is illegal; or (e) A sentence imposed […]
924.065 – Denial of Motion for New Trial or Arrest of Judgment; Appeal Bond; Supersedeas.
924.065 Denial of motion for new trial or arrest of judgment; appeal bond; supersedeas.— (1) Immediately after denial of a motion for a new trial or a motion in arrest of judgment, the court shall dictate the denial to the court reporter and sentence the defendant. The defendant may file notice of appeal following denial of the […]
924.066 – Collateral Relief.
924.066 Collateral relief.— (1) Subject to the terms and conditions set forth in this chapter, a prisoner in custody may seek relief based upon claims that the judgment of conviction or sentence was imposed in violation of the Constitution or law of the United States or the State of Florida. (2) Either the state or a prisoner in […]
924.07 – Appeal by State.
924.07 Appeal by state.— (1) The state may appeal from: (a) An order dismissing an indictment or information or any count thereof or dismissing an affidavit charging the commission of a criminal offense, the violation of probation, the violation of community control, or the violation of any supervised correctional release. (b) An order granting a new trial. (c) An order […]
924.071 – Additional Grounds for Appeal by the State; Time for Taking; Stay of Cause.
924.071 Additional grounds for appeal by the state; time for taking; stay of cause.— (1) The state may appeal from a pretrial order dismissing a search warrant or suppressing evidence, however obtained, or which directly and expressly conflicts with an appellate decision of a district court of appeal or of the Florida Supreme Court. The appeal must […]
924.09 – When Appeal to Be Taken by Defendant.
924.09 When appeal to be taken by defendant.—An appeal may be taken by the defendant only within the time provided by the Florida Rules of Appellate Procedure after the judgment, sentence, or order appealed from is entered, except that an appeal by a person who has not been granted probation may be taken from both judgment […]
924.14 – Stay of Execution When Defendant Appeals.
924.14 Stay of execution when defendant appeals.—An appeal by a defendant from either the judgment or sentence shall stay execution of the sentence, subject to the provisions of s. 924.065. History.—s. 293a, ch. 19554, 1939; CGL 1940 Supp. 8663(303); s. 151, ch. 70-339.
924.15 – Approval of Appeal Bonds.
924.15 Approval of appeal bonds.—Appeal bonds shall be approved by the court which originally determined the action and shall be filed with the clerk of that court. History.—s. 293b, ch. 19554, 1939; CGL 1940 Supp. 8663(304); s. 152, ch. 70-339.
924.16 – Discharge Pending Appeal.
924.16 Discharge pending appeal.—If a defendant is in custody after judgment of conviction at the time of appeal, the appeal and supersedeas shall not discharge the defendant from custody. The court appealed from or a judge of the appellate court may order the defendant released on bail in cases that are bailable. History.—s. 293c, ch. 19554, […]
924.17 – Costs When Appellant Is Indigent.
924.17 Costs when appellant is indigent.—If the court determines that the defendant is indigent and unable to pay costs, the appeal shall be a supersedeas without payment of costs. History.—s. 293d, ch. 19554, 1939; CGL 1940 Supp. 8663(306); s. 1, ch. 28009, 1953; s. 154, ch. 70-339.
924.18 – Bail When State Appeals.
924.18 Bail when state appeals.—If the state appeals after a conviction of the defendant, a justice or judge of the appellate or trial court may in his or her discretion admit the defendant to bail. History.—s. 294, ch. 19554, 1939; CGL 1940 Supp. 8663(307); s. 155, ch. 70-339; s. 1556, ch. 97-102.
924.19 – When Operation of Order in Favor of Defendant Not Stayed.
924.19 When operation of order in favor of defendant not stayed.—An appeal by the state shall not stay the operation of an order in favor of the defendant except as provided in s. 924.071(2), or when the appeal is from an order granting a new trial. History.—s. 295, ch. 19554, 1939; CGL 1940 Supp. 8663(308); s. […]
924.20 – Duty of Court Upon Breach of Undertaking.
924.20 Duty of court upon breach of undertaking.—When an appellant at liberty on bail fails to prosecute the appeal as required by the undertaking, the appellate court, in addition to declaring the bond forfeited, may dismiss the appeal and remand the case for further proceedings. History.—s. 296, ch. 19554, 1939; CGL 1940 Supp. 8663(309); s. 156, […]