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Title XLVII Chapter 924 Criminal Appeals and Collateral Review

Legal Research Home > Florida Statutes > Criminal Procedure and Corrections > Title XLVII Chapter 924 Criminal Appeals and Collateral Review

  • 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.
  • 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...
  • 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....
  • 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,...
  • 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...
  • 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...
  • 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...
  • 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...
  • 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...
  • 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...
  • 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...
  • 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...
  • 924.08   Courts of appeal.
    Appeals from final judgments in misdemeanor cases tried by county courts shall be to the circuit court.History.—s. 287, ch. 19554, 1939; CGL 1940 Supp. 8663(297);...
  • 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...
  • 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,...
  • 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....
  • 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...
  • 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,...
  • 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...
  • 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...
  • 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...
  • 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...
  • 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...
  • 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...
  • 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...
  • 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...
  • 924.35   Enforcement of judgment on affirmance.
    When the judgment against the defendant is affirmed, the judgment shall be enforced by the trial court.History.—s. 311, ch. 19554, 1939; CGL 1940 Supp. 8663(324);...
  • 924.37   Order or decision when state appeals.
    (1) When the state appeals from an order dismissing an indictment, information, or affidavit, or a count of it, or an order granting a new trial...
  • 924.38   When removal shall be allowed on new trial.
    When the appellate court orders a new trial, it shall be held in the court from which the appeal was taken unless the appellate court...

Last modified: July 29, 2014