Florida Statutes

Fla. Stat. § 924.06 (2025)

Appeal by defendant.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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;

(d) A sentence, on the ground that it is illegal; or

(e) A sentence imposed under s. 921.0024 of the Criminal Punishment Code which exceeds the statutory maximum penalty provided in s. 775.082 for an offense at conviction, or the consecutive statutory maximums for offenses at conviction, unless otherwise provided by law.

(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, 48 So. 3d 798 (Fla. 2010).

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Tasker v. State, 48 So. 3d 798 (Fla. 2010). · cites it 28× “Section 924.06, Florida Statutes (2007), sets forth the circumstances when a defendant may appeal from a criminal proceeding.”

Robinson v. State, 373 So. 2d 898 (Fla. 1979). · cites it 8× “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., 800 So. 2d 204 (Fla. 2001). · cites it 8× “See § 924.06(3), Fla. Stat. (1999). Section 924.”

Waite v. City of Fort Lauderdale, 681 So. 2d 901 (Fla. 4th DCA 1996). · cites it 10× “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, 760 So. 2d 114 (Fla. 2000). · cites it 2× “2d at 901 (quoting section 924.06(3), Florida Statutes (1977)).”

Ritter v. State, 885 So. 2d 413 (Fla. 1st DCA 2004). · cites it 3× “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, 140 So. 3d 1055 (Fla. 2d DCA 2014). · cites it 4× “There, we held that section 924.06(1), Florida Statutes (Supp.”

Matthews v. State, 736 So. 2d 72 (Fla. 4th DCA 1999). · cites it 6× “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, 719 So. 2d 1230 (Fla. 1st DCA 1998). · cites it 3× “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, 575 So. 2d 1335 (Fla. 1st DCA 1991). · cites it 4× “The state seeks dismissal pursuant to section 924.06(3), Florida Statutes, *1337 and Hughes v.”

Amend. to Fla. Rules of Appellate Proc., 685 So. 2d 773 (Fla. 1996). · cites it 2× “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, 773 So. 2d 99 (Fla. 1st DCA 2000). · cites it 3× “See § 924.06, Fla. Stat. (1998). The CPC provides for the establishment of the lowest permissible sentence.”

Show all 229 citing cases →

— 924.06(1) — 15 cases

Barnhill v. State, 140 So. 3d 1055 (Fla. 2d DCA 2014). “There, we held that section 924.06(1), Florida Statutes (Supp.”

Whitmore v. State, 27 So. 3d 168 (Fla. 4th DCA 2010).

Patterson v. State, 796 So. 2d 572 (Fla. 2d DCA 2001).

Jorquera v. State, 868 So. 2d 1250 (Fla. 4th DCA 2004).

John Henry Fogarty v. State, 158 So. 3d 669 (Fla. 4th DCA 2014).

— 924.06(1)(a) — 3 cases

Waite v. City of Fort Lauderdale, 681 So. 2d 901 (Fla. 4th DCA 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.”

Hochhauser v. State, 785 So. 2d 1239 (Fla. 4th DCA 2001).

— 924.06(1)(b) — 3 cases

Clarence Williams v. Louis L. Wainwright, as Sec'y, Dep't of Offender Rehab., 650 F.2d 58 (5th Cir. 1981).

St. John v. State, 356 So. 2d 32 (Fla. 1st DCA 1978).

— 924.06(1)(c) — 5 cases

Dawkins v. State, 936 So. 2d 710 (Fla. 2d DCA 2006).

State v. Weston, 510 So. 2d 1001 (Fla. 3d DCA 1987).

State v. Diers, 532 So. 2d 1271 (Fla. 1988).

Crystal v. Sec'y, Dep't of Corr. (Pinellas Cnty.) (M.D. Fla. 2025).

Curtis v. Sec'y, Dep't of Corr. (Pinellas Cnty.) (M.D. Fla. 2024).

— 924.06(1)(d) — 7 cases

Ritter v. State, 885 So. 2d 413 (Fla. 1st DCA 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, 746 So. 2d 1182 (Fla. 4th DCA 1999).

Hall v. State, 773 So. 2d 99 (Fla. 1st DCA 2000). “See § 924.06, Fla. Stat. (1998). The CPC provides for the establishment of the lowest permissible sentence.”

Winther v. State, 812 So. 2d 527 (Fla. 4th DCA 2002).

Miguel Angel Alfonso-Roche v. State of Florida, 199 So. 3d 941 (Fla. 4th DCA 2016).

— 924.06(1)(e) — 11 cases

Addison v. State, 452 So. 2d 955 (Fla. 2d DCA 1984).

Champagne v. State, 269 So. 3d 629 (Fla. 2d DCA 2019).

Jackson v. State, 56 So. 3d 65 (Fla. 2d DCA 2011).

Knowlton v. State, 466 So. 2d 278 (Fla. 4th DCA 1985).

— 924.06(2) — 15 cases

Tasker v. State, 48 So. 3d 798 (Fla. 2010). “Section 924.06, Florida Statutes (2007), sets forth the circumstances when a defendant may appeal from a criminal proceeding.”

Matthews v. State, 736 So. 2d 72 (Fla. 4th DCA 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, 951 So. 2d 910 (Fla. 2d DCA 2007).

Loeb v. State, 387 So. 2d 433 (Fla. 3d DCA 1980).

Bouie v. State, 360 So. 2d 1142 (Fla. 2d DCA 1978).

— 924.06(3) — 116 cases

Robinson v. State, 373 So. 2d 898 (Fla. 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., 800 So. 2d 204 (Fla. 2001). “See § 924.06(3), Fla. Stat. (1999). Section 924.”

Leonard v. State, 760 So. 2d 114 (Fla. 2000). “2d at 901 (quoting section 924.06(3), Florida Statutes (1977)).”

Nelson v. State, 719 So. 2d 1230 (Fla. 1st DCA 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, 575 So. 2d 1335 (Fla. 1st DCA 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, 741 So. 2d 517 (Fla. 5th DCA 1999).

Johnson v. State, 677 So. 2d 56 (Fla. 1st DCA 1996).

— 924.06(d) — 2 cases

Walcott v. State, 460 So. 2d 915 (Fla. 5th DCA 1984).

Barnhill v. State, 140 So. 3d 1055 (Fla. 2d DCA 2014). “There, we held that section 924.06(1), Florida Statutes (Supp.”

— 924.06(l)(a) — 1 case

Perritte v. State, 367 So. 2d 1058 (Fla. 1st DCA 1979).

— 924.06(l)(d) — 5 cases

Charles v. State, 204 So. 3d 63 (Fla. 4th DCA 2016).

Miguel Angel Alfonso-Roche v. State of Florida, 199 So. 3d 941 (Fla. 4th DCA 2016).

Patrizi v. State, 31 So. 3d 229 (Fla. 1st DCA 2010).

Rasik v. State, 683 So. 2d 1097 (Fla. 4th DCA 1996).

Kelly v. State, 490 So. 2d 1336 (Fla. 1st DCA 1986).

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