RULE 9.140. APPEAL PROCEEDINGS IN CRIMINAL CASES

(a) Applicability. Appeal proceedings in criminal cases will
be as in civil cases except as modified by this rule.

(b) Appeals by Defendant.
(1) Appeals Permitted. A defendant may appeal:

(A) a final judgment adjudicating guilt;

(B) a final order withholding adjudication after a
finding of guilt;

(C) an order granting probation or community
control, or both, whether or not guilt has been adjudicated;

(D) orders entered after final judgment or finding
of guilt, including orders revoking or modifying probation or
community control, or both, or orders denying relief under Florida
Rules of Criminal Procedure 3.800(a), 3.801, 3.802, 3.850, 3.851,
or 3.853;

(E) an unlawful or illegal sentence;

(F) a sentence, if the appeal is required or
permitted by general law; or

(G) as otherwise provided by general law.

(2) Guilty or Nolo Contendere Pleas.

(A) Pleas. A defendant may not appeal from a
guilty or nolo contendere plea except as follows:

(i) Reservation of Right to Appeal. A
defendant who pleads guilty or nolo contendere may expressly
reserve the right to appeal a prior dispositive order of the lower
tribunal, identifying with particularity the point of law being
reserved.

(ii) Appeals Otherwise Allowed. A defendant
who pleads guilty or nolo contendere may otherwise directly appeal
only:

a. the lower tribunal’s lack of subject
matter jurisdiction;
b. a violation of the plea agreement, if
preserved by a motion to withdraw plea;

c. an involuntary plea, if preserved by
a motion to withdraw plea;

d. a sentencing error, if preserved; or

e. as otherwise provided by law.

(B) Record.

(i) Except for appeals under subdivision
(b)(2)(A)(i) of this rule, the record for appeals involving a plea of
guilty or nolo contendere will be limited to:

a. all indictments, informations,
affidavits of violation of probation or community control, and other
charging documents;

b. the plea and sentencing hearing
transcripts;

c. any written plea agreements;

d. any judgments, sentences,
scoresheets, motions, and orders to correct or modify sentences,
orders imposing, modifying, or revoking probation or community
control, orders assessing costs, fees, fines, or restitution against the
defendant, and any other documents relating to sentencing;

e. any motion to withdraw plea and
order thereon; and

f. notice of appeal, statement of
judicial acts to be reviewed, directions to the clerk of the lower
tribunal, and designation to the approved court reporter or
approved transcriptionist.
(ii) Upon good cause shown, the court, or the
lower tribunal before the record is electronically transmitted, may
expand the record.

(3) Commencement. The defendant must file the notice
prescribed by rule 9.110(d) with the clerk of the lower tribunal at
any time between rendition of a final judgment and 30 days
following rendition of a written order imposing sentence. Copies
must be served on the state attorney and attorney general.

(4) Cross-Appeal. A defendant may cross-appeal by
serving a notice within 15 days of service of the state’s notice or
service of an order on a motion under Florida Rule of Criminal
Procedure 3.800(b)(2). Review of cross-appeals before trial is limited
to related issues resolved in the same order being appealed.

(c) Appeals by the State.

(1) Appeals Permitted. The state may appeal an order:

(A) 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) suppressing before trial confessions,
admissions, or evidence obtained by search and seizure;

(C) granting a new trial;

(D) arresting judgment;

(E) granting a motion for judgment of acquittal
after a jury verdict;

(F) discharging a defendant under Florida Rule of
Criminal Procedure 3.191;

(G) discharging a prisoner on habeas corpus;
(H) finding a defendant incompetent or insane;

(I) finding a defendant intellectually disabled
under Florida Rule of Criminal Procedure 3.203;

(J) granting relief under Florida Rules of Criminal
Procedure 3.801, 3.850, 3.851, or 3.853;

(K) ruling on a question of law if a convicted
defendant appeals the judgment of conviction;

(L) withholding adjudication of guilt in violation of
general law;

(M) imposing an unlawful or illegal sentence or
imposing a sentence outside the range permitted by the sentencing
guidelines;

(N) imposing a sentence outside the range
recommended by the sentencing guidelines;

(O) denying restitution; or

(P) as otherwise provided by general law for final
orders.

(2) Commencement. The state must file the notice
prescribed by rule 9.110(d) with the clerk of the lower tribunal
within 15 days of rendition of the order to be reviewed; provided
that in an appeal by the state under rule 9.140(c)(1)(K), the state’s
notice of cross-appeal must be filed within 15 days of service of
defendant’s notice or service of an order on a motion under Florida
Rule of Criminal Procedure 3.800(b)(2). Copies must be served on
the defendant and the attorney of record. An appeal by the state will
stay further proceedings in the lower tribunal only by order of the
lower tribunal.

(d) Withdrawal of Defense Counsel after Judgment and
Sentence or after Appeal by State.
(1) The attorney of record for a defendant will not be
relieved of any professional duties, or be permitted to withdraw as
defense counsel of record, except with approval of the lower tribunal
on good cause shown on written motion, until either the time has
expired for filing an authorized notice of appeal and no such notice
has been filed by the defendant or the state, or after the following
have been completed:

(A) a notice of appeal or cross-appeal has been
filed on behalf of the defendant or the state;

(B) a statement of judicial acts to be reviewed has
been filed if a transcript will require the expenditure of public
funds;

(C) the defendant’s directions to the clerk of the
lower tribunal have been filed, if necessary;

(D) designations to the approved court reporter or
approved transcriptionist have been filed and served by counsel for
appellant for transcripts of those portions of the proceedings
necessary to support the issues on appeal or, if transcripts will
require the expenditure of public funds for the defendant, of those
portions of the proceedings necessary to support the statement of
judicial acts to be reviewed; and

(E) in publicly funded defense and state appeals,
when the lower tribunal has entered an order appointing the office
of the public defender for the local circuit, the district office of
criminal conflict and civil regional counsel, or private counsel as
provided by chapter 27, Florida Statutes, that office, or attorney will
remain counsel for the appeal until the record is electronically
transmitted to the court. In publicly funded state appeals, defense
counsel must additionally file with the court a copy of the lower
tribunal’s order appointing the local public defender, the office of
criminal conflict and civil regional counsel, or private counsel. In
non-publicly funded defense and state appeals, retained appellate
counsel must file a notice of appearance in the court, or defense
counsel of record must file a motion to withdraw in the court, with
service on the defendant, that states what the defendant’s legal
representation on appeal, if any, is expected to be. Documents filed
in the court must be served on the attorney general (or state
attorney in appeals to the circuit court).

(2) Orders allowing withdrawal of counsel are
conditional and counsel must remain of record for the limited
purpose of representing the defendant in the lower tribunal
regarding any sentencing error the lower tribunal is authorized to
address during the pendency of the direct appeal under Florida
Rule of Criminal Procedure 3.800(b)(2).

(e) Sentencing Errors. A sentencing error may not be raised
on appeal unless the alleged error has first been brought to the
attention of the lower tribunal:

(1) at the time of sentencing; or

(2) by motion pursuant to Florida Rule of Criminal
Procedure 3.800(b).

(f) Record.

(1) Service. The clerk of the lower tribunal must
prepare and serve the record prescribed by rule 9.200 within 50
days of the filing of the notice of appeal. However, the clerk of the
lower tribunal must not serve the record until all proceedings
designated for transcription have been transcribed by the court
reporter(s) and filed in the lower tribunal. If the designated
transcripts have not been filed by the date required for service of
the record, the clerk of the lower tribunal must file with the court,
and serve on all parties and any court reporter whose transcript
has not been filed, a notice of inability to complete the record,
listing the transcripts not yet received. In cases in which the
transcripts are filed after a notice of inability to complete the record,
the clerk of the lower tribunal must prepare and file the record
within 20 days of receipt of the transcripts. An order granting an
extension to the court reporter to transcribe designated proceedings
will toll the time for the clerk of the lower tribunal to serve this
notice or the record on appeal.

(2) Transcripts.

(A) If a defendant’s designation of a transcript of
proceedings requires expenditure of public funds, trial counsel for
the defendant (in conjunction with appellate counsel, if possible)
must serve, within 10 days of filing the notice, a statement of
judicial acts to be reviewed, and a designation to the approved court
reporter or approved transcriptionist requiring preparation of only
so much of the proceedings as fairly supports the issue raised.

(B) Either party may file motions in the lower
tribunal to reduce or expand the transcripts.

(C) Except as permitted in subdivision (f)(2)(D) of
this rule, the parties must serve the designation on the approved
court reporter or approved transcriptionist to file with the clerk of
the lower tribunal the transcripts for the court and sufficient paper
copies for all parties exempt from service by e-mail as set forth in
Florida Rule of General Practice and Judicial Administration 2.516.

(D) Nonindigent defendants represented by
counsel may serve the designation on the approved court reporter
or approved transcriptionist to prepare the transcripts. Counsel
adopting this procedure must, within 5 days of receipt of the
transcripts from the approved court reporter or approved
transcriptionist, file the transcripts. Counsel must serve notice of
the use of this procedure on the attorney general and the clerk of
the lower tribunal. Counsel must attach a certificate to each
transcript certifying that it is accurate and complete. When this
procedure is used, the clerk of the lower tribunal on conclusion of
the appeal must retain the transcript(s) for use as needed by the
state in any collateral proceedings and must not dispose of the
transcripts without the consent of the attorney general.

(E) In state appeals, the state must serve a
designation on the approved court reporter or approved
transcriptionist to prepare and file with the clerk of the lower
tribunal the transcripts and sufficient copies for all parties exempt
from service by e-mail as set forth in Florida Rule of General
Practice and Judicial Administration 2.516. Alternatively, the state
may elect to use the procedure specified in subdivision (f)(2)(D) of
this rule.

(F) The lower tribunal may by administrative order
in publicly-funded cases direct the clerk of the lower tribunal rather
than the approved court reporter or approved transcriptionist to
prepare the necessary transcripts.

(3) Retention of Documents. Unless otherwise ordered
by the court, the clerk of the lower tribunal must retain any original
documents.

(4) Service of Copies. The clerk of the lower tribunal
must serve copies of the record to the court, attorney general, and
all counsel appointed to represent indigent defendants on appeal.
The clerk of the lower tribunal must simultaneously serve copies of
the index to all nonindigent defendants and, on their request,
copies of the record or portions thereof at the cost prescribed by
law.

(5) Return of Record. Except in death penalty cases, the
court must return to the lower tribunal, after final disposition of the
appeal, any portions of the appellate record that were not
electronically filed.

(6) Supplemental Record for Motion to Correct Sentencing
Error Under Florida Rule of Criminal Procedure 3.800(b)(2).

(A) Transmission.

(i) The clerk of the lower tribunal must
automatically supplement the appellate record with any motion
under Florida Rule of Criminal Procedure 3.800(b)(2), any response,
any resulting order, and any amended sentence. If a motion for
rehearing is filed, the supplement must also include the motion for
rehearing, any response, and any resulting order.
(ii) The clerk of the lower tribunal must
electronically transmit the supplement to the appellate court within
20 days after the filing of the order disposing of the rule 3.800(b)(2)
motion, unless a motion for rehearing is filed. If an order is not filed
within 60 days after the filing of the rule 3.800(b)(2) motion, and no
motion for rehearing is filed, this 20-day period will run from the
expiration of the 60-day period, and the clerk of the lower tribunal
must include a statement in the supplement that no order on the
rule 3.800(b)(2) motion was timely filed.

(iii) If a motion for rehearing is filed, the clerk
of the lower tribunal must electronically transmit the supplement to
the court within 5 days after the filing of the order disposing of the
motion for rehearing. If an order disposing of the motion for
rehearing is not filed within 40 days after the date of the order for
which rehearing is sought, this 5-day period will run from the
expiration of the 40-day period, and the clerk of the lower tribunal
must include a statement in the supplement that no order on the
motion for rehearing was timely filed.

(B) Transcripts. If any appellate counsel
determines that a transcript of a proceeding relating to such a
motion is required to review the sentencing issue, appellate counsel
must, within 5 days from the transmission of the supplement
described in subdivision (f)(6)(A)(ii), designate those portions of the
proceedings not on file deemed necessary for transcription and
inclusion in the record. Appellate counsel must file the designation
with the court and serve it on the approved court reporter or
approved transcriptionist. The procedure for this supplementation
must be in accordance with this subdivision, except that counsel is
not required to file a revised statement of judicial acts to be
reviewed, the approved court reporter or approved transcriptionist
must deliver the transcript within 15 days, and the clerk of the
lower tribunal must supplement the record with the transcript
within 5 days of its receipt.

(g) Briefs.
(1) Brief on the Merits. Initial briefs, including those
filed under subdivision (g)(2)(A), must be served within 30 days of
transmission of the record or designation of appointed counsel,
whichever is later. Additional briefs must be served as prescribed by