Florida Statutes
Fla. Stat. § 924.07 (2025)
Appeal by state.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
Find cases:
SyfertCases citing this section
FL-LEGleg.state.fl.us
JustiaFla. Statutes
CornellLII Search
CasesGoogle Scholar
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.
(c) An order arresting judgment.
(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.
(o) The sentence in a case of capital human trafficking of vulnerable persons for sexual exploitation on the ground that it resulted from the circuit court’s failure to comply with sentencing procedures under s. 921.1427, 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; s. 9, ch. 2025-156.
Notes of Decisions
Cited in 268
cases (10 in the last 5 years), 1944–2026 · leading case: Exposito v. State, 891 So. 2d 525 (Fla. 2004).
Exposito v. State, 891 So. 2d 525 (Fla. 2004). “§ 924.07, Fla. Stat. (2004). In construing this statute, this Court must give the "statutory language its plain and ordinary meaning," Seagrave v.”
State v. McMahon, 94 So. 3d 468 (Fla. 2012). “§ 924.07, Fla. Stat. (2008) (emphasis added).”
Debra LaFave v. State of Florida, 149 So. 3d 662 (Fla. 2014). “This Court determined that section 924.07 restricted the State from directly appealing to this Court following an adverse decision of a district court in a criminal proceeding, but that section 924.”
State v. Gaines, 770 So. 2d 1221 (Fla. 2000). “1972), we held that another subsection of section 924.07 [1] was unconstitutional because "the jurisdiction of the District Court to entertain such interlocutory appeals may be granted only by rule of this Court.”
State v. Pettis, 520 So. 2d 250 (Fla. 1988). “1962), we addressed the controlling issue here of whether section 924.07, limiting the right of the state to take appeals from adverse decisions in criminal proceedings to those enumerated, also limited the right of the state to obtain review by certiorari of nonappealable…”
State v. Medrano, 67 S.W.3d 892 (Tex. Crim. App. 2002). “23-104 (state may appeal an order which suppresses evidence or otherwise denies the prosecutor the use of evidence); Fla. Stat. 924.07 & 924.071 (state may appeal an order or ruling suppressing evidence or evidence in limine at trial); Ga.”
State v. Creighton, 469 So. 2d 735 (Fla. 1985). “Section 924.07, Florida Statutes (1981), authorizes appeals by the state in criminal cases as follows: The state may appeal from: (1) An order dismissing an indictment or information or any count thereof; (2) An order granting a new trial; (3) An order arresting judgment; (4) A…”
Hudson v. State, 711 So. 2d 244 (Fla. 1st DCA 1998). “[a] ruling granting a motion for judgment of acquittal after a jury verdict.”
State v. Ratner, 948 So. 2d 700 (Fla. 2007). “For the reasons explained below, we reverse the decision of the district court and hold that the district courts of appeal have discretionary jurisdiction over nonfinal appeals certified by the county court to be of great *702 public importance when the order is one that is…”
State v. Bjorkland, 924 So. 2d 971 (Fla. 2d DCA 2006). “Under section 924.07(1)(h), Florida Statutes (2005), and Florida Rule of Appellate Procedure 9.”
State v. Allen, 743 So. 2d 532 (Fla. 1st DCA 1997). “The issue raised by the motion is whether section 924.07(1)(k), Florida Statutes, authorizes an appeal by the state from an order denying in part and granting in part a claim for restitution.”
Gartrell v. State, 626 So. 2d 1364 (Fla. 1993). “" § 924.07(1)(i), Fla. Stat. (1991). Had this downward departure without written reasons been properly raised on appeal, the trial court would have been required to resentence Gartrell within the recommended guidelines range with no further departure permitted.”
— 924.07(1) — 62 cases
Exposito v. State, 891 So. 2d 525 (Fla. 2004). “§ 924.07, Fla. Stat. (2004). In construing this statute, this Court must give the "statutory language its plain and ordinary meaning," Seagrave v.”
State v. Gaines, 770 So. 2d 1221 (Fla. 2000). “1972), we held that another subsection of section 924.07 [1] was unconstitutional because "the jurisdiction of the District Court to entertain such interlocutory appeals may be granted only by rule of this Court.”
State v. Matney, 236 So. 2d 166 (Fla. 1st DCA 1970).
State v. Smulowitz, 482 So. 2d 1388 (Fla. 3d DCA 1986).
Debra LaFave v. State of Florida, 149 So. 3d 662 (Fla. 2014). “This Court determined that section 924.07 restricted the State from directly appealing to this Court following an adverse decision of a district court in a criminal proceeding, but that section 924.”
— 924.07(1)(a) — 15 cases
Exposito v. State, 891 So. 2d 525 (Fla. 2004). “§ 924.07, Fla. Stat. (2004). In construing this statute, this Court must give the "statutory language its plain and ordinary meaning," Seagrave v.”
State v. Espinoza, 264 So. 3d 1055 (Fla. 3d DCA 2019).
State v. Gaines, 770 So. 2d 1221 (Fla. 2000). “1972), we held that another subsection of section 924.07 [1] was unconstitutional because "the jurisdiction of the District Court to entertain such interlocutory appeals may be granted only by rule of this Court.”
State v. Tremblay, 642 So. 2d 64 (Fla. 4th DCA 1994).
State v. Young, 936 So. 2d 725 (Fla. 1st DCA 2006).
— 924.07(1)(b) — 4 cases
Exposito v. State, 891 So. 2d 525 (Fla. 2004). “§ 924.07, Fla. Stat. (2004). In construing this statute, this Court must give the "statutory language its plain and ordinary meaning," Seagrave v.”
State v. Hamilton, 574 So. 2d 124 (Fla. 1991).
State v. Gaines, 770 So. 2d 1221 (Fla. 2000). “1972), we held that another subsection of section 924.07 [1] was unconstitutional because "the jurisdiction of the District Court to entertain such interlocutory appeals may be granted only by rule of this Court.”
State v. Smith (Fla. 3d DCA 2016).
— 924.07(1)(c) — 2 cases
Exposito v. State, 891 So. 2d 525 (Fla. 2004). “§ 924.07, Fla. Stat. (2004). In construing this statute, this Court must give the "statutory language its plain and ordinary meaning," Seagrave v.”
State v. Nichols, 892 So. 2d 1221 (Fla. 1st DCA 2005).
— 924.07(1)(d) — 7 cases
Exposito v. State, 891 So. 2d 525 (Fla. 2004). “§ 924.07, Fla. Stat. (2004). In construing this statute, this Court must give the "statutory language its plain and ordinary meaning," Seagrave v.”
Hudson v. State, 711 So. 2d 244 (Fla. 1st DCA 1998). “[a] ruling granting a motion for judgment of acquittal after a jury verdict.”
Page v. State, 677 So. 2d 55 (Fla. 1st DCA 1996).
Sneed v. State, 736 So. 2d 1274 (Fla. 4th DCA 1999).
Flesner v. State, 890 So. 2d 331 (Fla. 2d DCA 2004).
— 924.07(1)(e) — 17 cases
Harris v. State, 645 So. 2d 386 (Fla. 1994).
Debra LaFave v. State of Florida, 149 So. 3d 662 (Fla. 2014). “This Court determined that section 924.07 restricted the State from directly appealing to this Court following an adverse decision of a district court in a criminal proceeding, but that section 924.”
State v. Kendrick, 596 So. 2d 1153 (Fla. 5th DCA 1992).
State v. Brooks, 890 So. 2d 503 (Fla. 2d DCA 2005).
State v. Watson, 909 So. 2d 942 (Fla. 5th DCA 2005).
— 924.07(1)(h) — 4 cases
State v. Bjorkland, 924 So. 2d 971 (Fla. 2d DCA 2006). “Under section 924.07(1)(h), Florida Statutes (2005), and Florida Rule of Appellate Procedure 9.”
State v. Reisner, 584 So. 2d 141 (Fla. 5th DCA 1991).
State v. Ratner, 902 So. 2d 267 (Fla. 4th DCA 2005).
State v. Ratner, 948 So. 2d 700 (Fla. 2007). “For the reasons explained below, we reverse the decision of the district court and hold that the district courts of appeal have discretionary jurisdiction over nonfinal appeals certified by the county court to be of great *702 public importance when the order is one that is…”
— 924.07(1)(i) — 16 cases
Gartrell v. State, 626 So. 2d 1364 (Fla. 1993). “" § 924.07(1)(i), Fla. Stat. (1991). Had this downward departure without written reasons been properly raised on appeal, the trial court would have been required to resentence Gartrell within the recommended guidelines range with no further departure permitted.”
State v. Brooks, 890 So. 2d 503 (Fla. 2d DCA 2005).
State v. Bell, 854 So. 2d 686 (Fla. 5th DCA 2003).
Hall v. State, 773 So. 2d 99 (Fla. 1st DCA 2000).
Champagne v. State, 269 So. 3d 629 (Fla. 2d DCA 2019).
— 924.07(1)(j) — 17 cases
Exposito v. State, 891 So. 2d 525 (Fla. 2004). “§ 924.07, Fla. Stat. (2004). In construing this statute, this Court must give the "statutory language its plain and ordinary meaning," Seagrave v.”
State v. Williams, 742 So. 2d 509 (Fla. 1st DCA 1999).
Hudson v. State, 711 So. 2d 244 (Fla. 1st DCA 1998). “[a] ruling granting a motion for judgment of acquittal after a jury verdict.”
State v. Hartzog, 575 So. 2d 1328 (Fla. 1st DCA 1991).
State v. Nichols, 892 So. 2d 1221 (Fla. 1st DCA 2005).
— 924.07(1)(k) — 5 cases
State v. Allen, 743 So. 2d 532 (Fla. 1st DCA 1997). “The issue raised by the motion is whether section 924.07(1)(k), Florida Statutes, authorizes an appeal by the state from an order denying in part and granting in part a claim for restitution.”
State v. Thomas Maddex, 159 So. 3d 267 (Fla. 4th DCA 2015).
State v. Hitchmon, 678 So. 2d 460 (Fla. 3d DCA 1996).
State v. M.K., 786 So. 2d 24 (Fla. 1st DCA 2001).
State v. MK, 786 So. 2d 24 (Fla. 1st DCA 2001).
— 924.07(2) — 6 cases
State v. Creighton, 469 So. 2d 735 (Fla. 1985). “Section 924.07, Florida Statutes (1981), authorizes appeals by the state in criminal cases as follows: The state may appeal from: (1) An order dismissing an indictment or information or any count thereof; (2) An order granting a new trial; (3) An order arresting judgment; (4) A…”
State v. Garmise, 382 So. 2d 769 (Fla. 3d DCA 1980).
State Ex Rel. Sebers v. McNulty, 326 So. 2d 17 (Fla. 1975).
State v. Cook, 201 So. 2d 769 (Fla. 4th DCA 1967).
State v. Rolle, 202 So. 2d 867 (Fla. 2d DCA 1967).
— 924.07(3) — 1 case
State v. Creighton, 469 So. 2d 735 (Fla. 1985). “Section 924.07, Florida Statutes (1981), authorizes appeals by the state in criminal cases as follows: The state may appeal from: (1) An order dismissing an indictment or information or any count thereof; (2) An order granting a new trial; (3) An order arresting judgment; (4) A…”
— 924.07(4) — 15 cases
Exposito v. State, 891 So. 2d 525 (Fla. 2004). “§ 924.07, Fla. Stat. (2004). In construing this statute, this Court must give the "statutory language its plain and ordinary meaning," Seagrave v.”
Craig v. State, 510 So. 2d 857 (Fla. 1987).
Ramos v. State, 457 So. 2d 492 (Fla. 3d DCA 1984).
Ramos v. State, 505 So. 2d 418 (Fla. 1987).
Ramos v. State, 469 So. 2d 145 (Fla. 3d DCA 1985).
— 924.07(5) — 9 cases
State v. Weston, 510 So. 2d 1001 (Fla. 3d DCA 1987).
State v. McGraw, 474 So. 2d 289 (Fla. 3d DCA 1985).
State v. Richard, 197 So. 3d 1097 (Fla. 3d DCA 2016).
State v. Malone, 489 So. 2d 213 (Fla. 3d DCA 1986).
State v. Wilcox, 351 So. 2d 89 (Fla. 2d DCA 1977).
— 924.07(6) — 5 cases
Crownover v. Shannon, 170 So. 2d 299 (Fla. 1964).
State v. G.P., 429 So. 2d 786 (Fla. 1st DCA 1983).
State v. Lasley, 507 So. 2d 711 (Fla. 2d DCA 1987).
State v. GP, 429 So. 2d 786 (Fla. 3d DCA 1983).
Snell v. Mayo, 80 So. 2d 330 (Fla. 1955).
— 924.07(8) — 8 cases
State v. Smith, 260 So. 2d 489 (Fla. 1972).
State v. Gaines, 770 So. 2d 1221 (Fla. 2000). “1972), we held that another subsection of section 924.07 [1] was unconstitutional because "the jurisdiction of the District Court to entertain such interlocutory appeals may be granted only by rule of this Court.”
State v. Smith, 254 So. 2d 402 (Fla. 1st DCA 1971).
State v. Arriagada, 508 So. 2d 1247 (Fla. 3d DCA 1987).
State v. Bjorkland, 924 So. 2d 971 (Fla. 2d DCA 2006). “Under section 924.07(1)(h), Florida Statutes (2005), and Florida Rule of Appellate Procedure 9.”
— 924.07(9) — 5 cases
State v. Twelves, 463 So. 2d 493 (Fla. 2d DCA 1985).
State v. Malone, 489 So. 2d 213 (Fla. 3d DCA 1986).
State v. Rice, 464 So. 2d 684 (Fla. 5th DCA 1985).
Hodges v. State, 460 So. 2d 555 (Fla. 2d DCA 1984).
Gordon v. Florida Parole Comm'n, 38 Fla. Supp. 2d 61 (Fla. Cir. Ct. 1989).
— 924.07(e) — 2 cases
State v. Jordan, 783 So. 2d 1179 (Fla. 3d DCA 2001).
State v. Rucker, 59 So. 3d 1224 (Fla. 4th DCA 2011).
— 924.07(j) — 2 cases
State of Florida v. Alexander Lee, 230 So. 3d 886 (Fla. 4th DCA 2017).
State v. Shahid, 35 Fla. Supp. 2d 86 (Fla. Cir. Ct. 1989).
— 924.07(l)(a) — 3 cases
State v. Stone, 42 So. 3d 279 (Fla. 4th DCA 2010).
State v. Odom, 24 So. 3d 1266 (Fla. 1st DCA 2009).
State v. Brannic, 164 So. 3d 114 (Fla. 2d DCA 2015).
— 924.07(l)(b) — 1 case
State v. Smith, 206 So. 3d 92 (Fla. 3d DCA 2016).
— 924.07(l)(d) — 1 case
Shorter v. State, 98 So. 3d 685 (Fla. 4th DCA 2012).
— 924.07(l)(e) — 9 cases
State v. McMahon, 94 So. 3d 468 (Fla. 2012). “§ 924.07, Fla. Stat. (2008) (emphasis added).”
Debra LaFave v. State of Florida, 149 So. 3d 662 (Fla. 2014). “This Court determined that section 924.07 restricted the State from directly appealing to this Court following an adverse decision of a district court in a criminal proceeding, but that section 924.”
State v. Richard, 197 So. 3d 1097 (Fla. 3d DCA 2016).
State v. A.C., 44 So. 3d 1240 (Fla. 5th DCA 2010).
State v. LaFave, 113 So. 3d 31 (Fla. 2d DCA 2012).
— 924.07(l)(e)(i) — 1 case
State v. Hewitt, 21 So. 3d 914 (Fla. 4th DCA 2009).
— 924.07(l)(f) — 1 case
Buss v. Reichman, 53 So. 3d 339 (Fla. 4th DCA 2011).
— 924.07(l)(h) — 2 cases
State v. Fazekas, 575 So. 2d 327 (Fla. 4th DCA 1991).
State v. Thomas, 599 So. 2d 782 (Fla. 5th DCA 1992).
— 924.07(l)(i) — 6 cases
State v. McMahon, 94 So. 3d 468 (Fla. 2012). “§ 924.07, Fla. Stat. (2008) (emphasis added).”
State v. Martinez, 4 So. 3d 712 (Fla. 4th DCA 2009).
State v. Pinckney, 173 So. 3d 1139 (Fla. 2d DCA 2015).
State v. Kepner, 560 So. 2d 251 (Fla. 3d DCA 1990).
State v. Martinez, 103 So. 3d 1013 (Fla. 3d DCA 2012).
— 924.07(l)(j) — 6 cases
State v. Tovar, 110 So. 3d 33 (Fla. 2d DCA 2013).
State v. Sims, 110 So. 3d 113 (Fla. 1st DCA 2013).
State v. McMahon, 94 So. 3d 468 (Fla. 2012). “§ 924.07, Fla. Stat. (2008) (emphasis added).”
State v. Stone, 42 So. 3d 279 (Fla. 4th DCA 2010).
State v. Green, 149 So. 3d 1146 (Fla. 2d DCA 2014).
— 924.07(l)(k) — 4 cases
State v. Williams, 689 So. 2d 1233 (Fla. 3d DCA 1997).
Connor v. State, 944 So. 2d 488 (Fla. 5th DCA 2006).
State v. Shinall, 899 So. 2d 1219 (Fla. 1st DCA 2005).
State v. C.W., 662 So. 2d 768 (Fla. 4th DCA 1995).
— 924.07(l)(m) — 1 case
In re Amendments to Florida Rule of Appellate Procedure 9.140(c)(1), 901 So. 2d 109 (Fla. 2005).
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.