924.06
Appeal by defendant.
Find cases:
SyfertCases citing this section
FL-LEGleg.state.fl.us
JustiaFla. Statutes
CornellLII Search
CasesGoogle Scholar
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
(2) An appeal of an order granting probation shall proceed in the same manner and have the same effect as an appeal of a judgment of conviction. An appeal of an order revoking probation may review only proceedings after the order of probation. If a judgment of conviction preceded an order of probation, the defendant may appeal from the order or the judgment or both.
(3) A defendant who pleads guilty with no express reservation of the right to appeal a legally dispositive issue, or a defendant who pleads nolo contendere with no express reservation of the right to appeal a legally dispositive issue, shall have no right to a direct appeal.
History.—s. 285, ch. 19554, 1939; CGL 1940 Supp. 8663(295); s. 22, ch. 20519, 1941; s. 3, ch. 59-130; s. 147, ch. 70-339; s. 7, ch. 76-274; s. 3, ch. 83-87; s. 6, ch. 93-406; s. 5, ch. 96-248; s. 27, ch. 97-194; s. 13, ch. 98-204.
Notes of Decisions
Cited in 229
cases (13 in the last 5 years), 1944–2026 · leading case: Tasker v. State
Tasker v. State (2010)
“Section 924.06, Florida Statutes (2007), sets forth the circumstances when a defendant may appeal from a criminal proceeding.”
Robinson v. State (1979)
“This is an appeal from an order of the District Court of Appeal, Fourth District, dismissing defendant's appeal from a guilty plea as frivolous and contrary to the provisions of section 924.06(3), Florida Statutes (1977).”
State v. T.G. (2001)
“See § 924.06(3), Fla. Stat. (1999). Section 924.”
Waite v. City of Fort Lauderdale (1996)
“140(b) and section 924.06, Florida Statutes (1995), holding that neither the statute nor the rule extends the right to appeal in circumstances where the lower court withholds adjudication of guilt.”
Leonard v. State (2000)
“2d at 901 (quoting section 924.06(3), Florida Statutes (1977)).”
Ritter v. State (2004)
“Thus, unlike the issue presented in Melton , the issue in the present case was cognizable on appeal under section 924.06(1)(d), Florida Statutes (2001), and should have been identified and addressed by appellate counsel.”
Barnhill v. State (2014)
“There, we held that section 924.06(1), Florida Statutes (Supp.”
Matthews v. State (1999)
“5th DCA 1982)) (a defendant " must appeal from the original probation order, rather than attacking the imposition of a condition after its breach"); § 924.06(2), Fla. Stat. (1997). In Brown , the defendant was placed on probation following a criminal offense.”
Nelson v. State (1998)
“The language in the rule and the commentary qualifying a defendant's appellate rights may have been added in order to comport with the enactment of section 924.06(3), Florida Statutes (Supp.”
Ford v. State (1991)
“The state seeks dismissal pursuant to section 924.06(3), Florida Statutes, *1337 and Hughes v.”
Amend. to Fla. Rules of Appellate Proc. (1996)
“1979), this Court addressed the validity of section 924.06(3), Florida Statutes (1977), which read: A defendant who pleads guilty or nolo contendere with no express reservation of the right to appeal shall have no right to a direct appeal.”
Hall v. State (2000)
“See § 924.06, Fla. Stat. (1998). The CPC provides for the establishment of the lowest permissible sentence.”
— 924.06(1) — 15 cases
Barnhill v. State (2014)
“There, we held that section 924.06(1), Florida Statutes (Supp.”
Whitmore v. State (2010)
Patterson v. State (2001)
Jorquera v. State (2004)
John Henry Fogarty v. State (2014)
— 924.06(1)(a) — 3 cases
Waite v. City of Fort Lauderdale (1996)
“140(b) and section 924.06, Florida Statutes (1995), holding that neither the statute nor the rule extends the right to appeal in circumstances where the lower court withholds adjudication of guilt.”
Login v. State (1981)
Hochhauser v. State (2001)
— 924.06(1)(b) — 3 cases
Waite v. City of Fort Lauderdale (1996)
“140(b) and section 924.06, Florida Statutes (1995), holding that neither the statute nor the rule extends the right to appeal in circumstances where the lower court withholds adjudication of guilt.”
Clarence Williams v. Louis L. Wainwright, as Secretary, Department of Offender Rehabilitation (1981)
St. John v. State (1978)
— 924.06(1)(c) — 5 cases
Dawkins v. State (2006)
State v. Weston (1987)
State v. Diers (1988)
— 924.06(1)(d) — 7 cases
Ritter v. State (2004)
“Thus, unlike the issue presented in Melton , the issue in the present case was cognizable on appeal under section 924.06(1)(d), Florida Statutes (2001), and should have been identified and addressed by appellate counsel.”
Blakley v. State (1999)
Hall v. State (2000)
“See § 924.06, Fla. Stat. (1998). The CPC provides for the establishment of the lowest permissible sentence.”
Winther v. State (2002)
— 924.06(1)(e) — 11 cases
Addison v. State (1984)
Champagne v. State (2019)
Ritter v. State (2004)
“Thus, unlike the issue presented in Melton , the issue in the present case was cognizable on appeal under section 924.06(1)(d), Florida Statutes (2001), and should have been identified and addressed by appellate counsel.”
Jackson v. State (2011)
Knowlton v. State (1985)
— 924.06(2) — 15 cases
Tasker v. State (2010)
“Section 924.06, Florida Statutes (2007), sets forth the circumstances when a defendant may appeal from a criminal proceeding.”
Matthews v. State (1999)
“5th DCA 1982)) (a defendant " must appeal from the original probation order, rather than attacking the imposition of a condition after its breach"); § 924.06(2), Fla. Stat. (1997). In Brown , the defendant was placed on probation following a criminal offense.”
Stubbs v. State (2007)
Loeb v. State (1980)
Bouie v. State (1978)
— 924.06(3) — 116 cases
Robinson v. State (1979)
“This is an appeal from an order of the District Court of Appeal, Fourth District, dismissing defendant's appeal from a guilty plea as frivolous and contrary to the provisions of section 924.06(3), Florida Statutes (1977).”
State v. T.G. (2001)
“See § 924.06(3), Fla. Stat. (1999). Section 924.”
Leonard v. State (2000)
“2d at 901 (quoting section 924.06(3), Florida Statutes (1977)).”
Nelson v. State (1998)
“The language in the rule and the commentary qualifying a defendant's appellate rights may have been added in order to comport with the enactment of section 924.06(3), Florida Statutes (Supp.”
Ford v. State (1991)
“The state seeks dismissal pursuant to section 924.06(3), Florida Statutes, *1337 and Hughes v.”
— 924.06(8) — 2 cases
T.G. v. State (1999)
Johnson v. State (1996)
— 924.06(d) — 2 cases
Walcott v. State (1984)
Barnhill v. State (2014)
“There, we held that section 924.06(1), Florida Statutes (Supp.”
— 924.06(l)(a) — 1 case
Perritte v. State (1979)
— 924.06(l)(d) — 5 cases
Charles v. State (2016)
Patrizi v. State (2010)
Rasik v. State (1996)
Kelly v. State (1986)
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.