Florida Statute 924.065 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 924
CRIMINAL APPEALS AND COLLATERAL REVIEW

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F.S. 924.065

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 amount of the appeal bond if the defendant is entitled to bail. The clerk shall prepare a certificate setting forth the filing and approval of the supersedeas bond, and the certificate shall be sufficient authority for release of the defendant.

(2) An appeal may not be a supersedeas to the execution of the judgment, sentence, or order until the appellant has entered into a bond with at least two sureties to secure the payment of the judgment, fine, and any future costs that may be adjudged by the appellate court. The bond shall be conditioned on the appellant’s personally answering and abiding by the final order, sentence, or judgment of the appellate court and, if the action is remanded, on the appellant’s appearing before the court in which the case was originally determined and not departing without leave of court.

(3) An appellant who has been sentenced to death shall not be released on bail.

History.—s. 239, ch. 19554, 1939; CGL 1940 Supp. 8663(248); s. 120, ch. 70-339; s. 23, ch. 2013-25.

Note.—Former s. 920.02.

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Amendments to 924.065

Annotations, Discussions, Cases:

Cases Citing Statute 924.065

Total Results: 6

Robert Lee Mobley v. Richard L. Dugger, Jim Smith, Etc.

823 F.2d 1495, 1987 U.S. App. LEXIS 10534

Court of Appeals for the Eleventh Circuit | Filed: Aug 7, 1987 | Docket: 396255

Cited 16 times | Published

. The applicable provisions of Fla.Stat. § 924.-065(2) read as follows: The [supersedeas]

Loeb v. State

387 So. 2d 433

District Court of Appeal of Florida | Filed: Aug 12, 1980 | Docket: 1355727

Cited 11 times | Published

nothing more than a bail bond by a different name. § 924.065, Fla. Stat. (1979); Cash v. State, 73 So.2d 903

Rowe v. State

417 So. 2d 981

Supreme Court of Florida | Filed: Jul 22, 1982 | Docket: 1383570

Cited 10 times | Published

District in Rowe also properly concluded that section 924.065(3) did not restore the discretion to the trial

Rowe v. State

394 So. 2d 1059

District Court of Appeal of Florida | Filed: Feb 27, 1981 | Docket: 1315497

Cited 10 times | Published

imprisonment. Defendant further urges that Section 924.065(3), Florida Statutes (1979), authorizes judicial

Crow v. State

866 So. 2d 1257, 2004 WL 305748

District Court of Appeal of Florida | Filed: Feb 19, 2004 | Docket: 1274043

Cited 3 times | Published

does not address the grounds for new trial. See § 924.065, Fla. Stat. (2003).

Ago

Florida Attorney General Reports | Filed: May 26, 1993 | Docket: 3256775

Published

addition to approval by the court? In sum: Section 924.065(1), F.S., does not require the clerk of the