Fla. Stat. § 924.02
Who may appeal
The defendant or the state may appeal in criminal cases.
Florida Statutes Chapter 924 — CRIMINAL APPEALS AND COLLATERAL REVIEW
Florida · statute · Fla. Stat. ch. 924 · 28 active provisions
Provisions
Fla. Stat. § 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.
Fla. Stat. § 924.05
Appeal as matter of right
Direct appeals provided for in this chapter are a matter of right.
Fla. Stat. § 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 that the issue, legal argument, or objectio…
Fla. Stat. § 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 to death or that person’s capital postconviction counse…
Fla. Stat. § 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 of the state court judge i…
Fla. Stat. § 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-…
Fla. Stat. § 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 sen…
Fla. Stat. § 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 motion and sentencing. Upon filing of notice of appeal, the court shall set the…
Fla. Stat. § 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 custody may obtain…
Fla. Stat. § 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…
Fla. Stat. § 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 be taken before the trial.(2) An appeal by the state f…
Fla. Stat. § 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 and sentence within the time provided by…
Fla. Stat. § 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.
Fla. Stat. § 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.
Fla. Stat. § 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.
Fla. Stat. § 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.
Fla. Stat. § 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.
Fla. Stat. § 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.
Fla. Stat. § 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.
Fla. Stat. § 924.22
Stay when execution of sentence already commenced
A defendant who is in custody and has started serving a sentence before an appeal may elect to continue to serve the sentence during the pendency of the appeal even though the defendant may be eligible for bail.
Fla. Stat. § 924.28
Failure of clerk to transmit appeal papers as required
Failure of the clerk to transmit appeal papers within the time provided shall not prejudice the rights of the parties. The appellate court or trial court may direct the clerk to transmit the papers on its own motion and shall do so on the motion of either party.
Fla. Stat. § 924.31
When argument necessary
A judgment may be affirmed if the appellant fails to argue, but it shall not be reversed unless the appellant submits a written brief or makes oral argument.
Fla. Stat. § 924.33
When judgment not to be reversed or modified
No judgment shall be reversed unless the appellate court is of the opinion, after an examination of all the appeal papers, that error was committed that injuriously affected the substantial rights of the appellant. It shall not be presumed that error injuriously affected the substantial rights of the appellant.
Fla. Stat. § 924.34
When evidence sustains only conviction of lesser offense
When the appellate court determines that the evidence does not prove the offense for which the defendant was found guilty but does establish guilt of a lesser statutory degree of the offense or a lesser offense necessarily included in the offense charged, the appellate court shall reverse the judgment and direct the tr…
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