Florida Statute 924.07 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 924
CRIMINAL APPEALS AND COLLATERAL REVIEW

View Entire Chapter

F.S. 924.07

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 offense, the violation of probation, the violation of community control, or the violation of any supervised correctional release.

(b) An order granting a new trial.

(d) A ruling on a question of law when the defendant is convicted and appeals from the judgment. Once the state’s cross-appeal is instituted, the appellate court shall review and rule upon the question raised by the state regardless of the disposition of the defendant’s appeal.

(e) The sentence, on the ground that it is illegal.

(f) A judgment discharging a prisoner on habeas corpus.

(g) An order adjudicating a defendant insane under the Florida Rules of Criminal Procedure.

(h) All other pretrial orders, except that it may not take more than one appeal under this subsection in any case.

(i) A sentence imposed below the lowest permissible sentence established by the Criminal Punishment Code under chapter 921.

(j) A ruling granting a motion for judgment of acquittal after a jury verdict.

(k) An order denying restitution under s. 775.089.

(l) An order or ruling suppressing evidence or evidence in limine at trial.

(m) An order withholding adjudication of guilt in violation of s. 775.08435.

(n) The sentence in a case of capital sexual battery on the ground that it resulted from the circuit court’s failure to comply with sentencing procedures under s. 921.1425, including by striking a notice of intent to seek the death penalty, refusing to impanel a capital jury, or otherwise granting relief that prevents the state from seeking a sentence of death.

(2) An appeal under this section must embody all assignments of error in each pretrial order that the state seeks to have reviewed. The state shall pay all costs of the appeal except for the defendant’s attorney’s fee.

History.—s. 286, ch. 19554, 1939; CGL 1940 Supp. 8663(296); s. 1, ch. 69-15; s. 148, ch. 70-339; s. 4, ch. 83-87; s. 46, ch. 87-243; s. 1, ch. 90-239; s. 14, ch. 93-37; s. 7, ch. 93-406; s. 7, ch. 96-248; s. 28, ch. 97-194; s. 14, ch. 98-204; s. 2, ch. 2004-60; s. 5, ch. 2023-25.

F.S. 924.07 on Google Scholar

F.S. 924.07 on Casetext

Amendments to 924.07

Arrestable Offenses / Crimes under Fla. Stat. 924.07

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 924.07.

Annotations, Discussions, Cases:

Cases Citing Statute 924.07

Total Results: 20

Daphne Wakeley v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-11-20

Snippet: verdict. Such a claim is not authorized. Section 924.07(1)(j), Florida Statutes, provides that “[t]he state

STATE OF FLORIDA v. MITCHELL REDDIN

Court: District Court of Appeal of Florida | Date Filed: 2023-12-15

Snippet: acquittal if it follows a guilty verdict. See § 924.07(1)(j), Fla. Stat. (2022); Fla. R. App. P. 9.140(c)(1)(E);

STATE OF FLORIDA v. OSCAR ACEVEDO

Court: District Court of Appeal of Florida | Date Filed: 2023-01-04

Snippet: of Appellate Procedure 9.140, or sections 924.07 or 924.071, Florida Statutes, the state may

THE STATE OF FLORIDA v. JEREMY ROJAS

Court: District Court of Appeal of Florida | Date Filed: 2023-01-04

Snippet: State is authorized to appeal pursuant to section 924.07(1)(i), Florida Statutes (2021), which specifically

STATE OF FLORIDA v. CHRISTOPHE A. CREMERS

Court: District Court of Appeal of Florida | Date Filed: 2021-04-28

Snippet: then voluntarily dismissed his appeal. Section 924.07, Florida Statutes, and Florida Rule of Appellate

STATE OF FLORIDA v. CHRISTOPHE A. CREMERS

Court: District Court of Appeal of Florida | Date Filed: 2021-03-03

Snippet: then voluntarily dismissed his appeal. Section 924.07, Florida Statutes, and Florida Rule of Appellate

State v. EFREN YERO

Court: District Court of Appeal of Florida | Date Filed: 2021-01-13

Snippet: enumerated appealable orders set forth in section 924.07(1) of the Florida Statutes (2019) and Florida

STATE OF FLORIDA v. JAMAAL PICKERSGILL

Court: District Court of Appeal of Florida | Date Filed: 2019-10-30

Snippet: judgment of acquittal after a jury verdict.” § 924.07(1)(j), Fla. Stat. (2018) (emphasis added); see

State of Florida v. Shelton Jackson

Court: District Court of Appeal of Florida | Date Filed: 2019-07-22

Snippet: 2004). The plain language of sections 924.066 and 924.07, Florida Statutes (2018), does not authorize these

Champagne v. State

Court: District Court of Appeal of Florida | Date Filed: 2019-04-24

Citation: 269 So. 3d 629

Snippet: only if the sentence is below the [LPS] ...."), § 924.07(1)(i), Fla. Stat. (2017) ("The State may appeal

Champagne v. State

Court: District Court of Appeal of Florida | Date Filed: 2019-04-24

Citation: 269 So. 3d 629

Snippet: only if the sentence is below the [LPS] ...."), § 924.07(1)(i), Fla. Stat. (2017) ("The State may appeal

RENALDO CHAMPAGNE v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2019-04-24

Snippet: the sentence is below the [LPS] . . . ."), § 924.07(1)(i), Fla. Stat. (2017) ("The State may appeal

State v. MacKey

Court: District Court of Appeal of Florida | Date Filed: 2019-03-13

Citation: 271 So. 3d 128

Snippet: effectively dismissed the information under section 924.07(1)(a) of the Florida Statutes (2018) and Florida

State v. Espinoza

Court: District Court of Appeal of Florida | Date Filed: 2019-01-30

Citation: 264 So. 3d 1055

Snippet: followed.2 III. JURISDICTION Pursuant to section 924.07(1)(a), Florida Statutes (2016), and *1062Florida

State v. Espinoza

Court: District Court of Appeal of Florida | Date Filed: 2019-01-30

Citation: 264 So. 3d 1055

Snippet: followed.2 III. JURISDICTION Pursuant to section 924.07(1)(a), Florida Statutes (2016), and *1062Florida

State v. Lundy

Court: District Court of Appeal of Florida | Date Filed: 2017-12-13

Snippet: statutory authority to appeal is set forth in sections 924.07 and 924.071, Florida Statutes (2016).

STATE OF FLORIDA v. ALEXANDER LEE

Court: District Court of Appeal of Florida | Date Filed: 2017-11-15

Citation: 230 So. 3d 886

Snippet: of acquittal entered after a jury verdict. See § 924.07(j), Fla. Stat. (2009); Fla. R. App. P. 9.140(c)(1)(E)

In re Amendments to Florida Rule of Criminal Procedure 3.192

Court: Supreme Court of Florida | Date Filed: 2017-11-09

Citation: 229 So. 3d 1116

Snippet: Rule of Appellate Procedure 9.140, or sections 924.07 or 924.071, Florida Statutes, the state may file

In Re: Amendments to Florida Rule of Criminal Procedure 3.192

Court: Supreme Court of Florida | Date Filed: 2017-11-09

Citation: 229 So. 3d 1116

Snippet: of Appellate Procedure 9.140, or sections 924.07 or 924.071, Florida Statutes, the state may

Reid v. State

Court: District Court of Appeal of Florida | Date Filed: 2017-08-02

Citation: 224 So. 3d 306, 2017 Fla. App. LEXIS 11052, 2017 WL 3271875

Snippet: (Fla. 3d DCA 2001), the State, pursuant to section 924.07, Florida Statutes, is authorized "to appeal two