Florida Statute 924.071 | 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. 924.071

924.071 Additional grounds for appeal by the state; time for taking; stay of cause.—

(1) The state may appeal from a pretrial order dismissing a search warrant or suppressing evidence, however obtained, or which directly and expressly conflicts with an appellate decision of a district court of appeal or of the Florida Supreme Court. The appeal must be taken before the trial.

(2) An appeal by the state from a pretrial order shall stay the case against each defendant upon whose application the order was made until the appeal is determined. If the trial court determines that the evidence, confession, or admission that is the subject of the order would materially assist the state in proving its case against another defendant and that the prosecuting attorney intends to use it for that purpose, the court shall stay the case of that defendant until the appeal is determined. A defendant in custody whose case is stayed either automatically or by order of the court shall be released on his or her own recognizance pending the appeal if he or she is charged with a bailable offense.

History.—ss. 1, 2, ch. 67-123; s. 1, ch. 69-267; s. 149, ch. 70-339; s. 2, ch. 90-239; s. 1554, ch. 97-102.

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Amendments to 924.071

Arrestable Offenses / Crimes under Fla. Stat. 924.071

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 924.071.

Annotations, Discussions, Cases:

Cases Citing Statute 924.071

Total Results: 20

STATE OF FLORIDA v. OSCAR ACEVEDO

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

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

State v. EFREN YERO

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

Snippet: (citations omitted); see also § 924.07, Fla. Stat; § 924.071, Fla. Stat.; Fla. R. App. P. 9.140(c). Further

State v. Lundy

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

Snippet: to appeal is set forth in sections 924.07 and 924.071, Florida Statutes (2016). State v. McMahon

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: Appellate Procedure 9.140, or sections 924.07 or 924.071, Florida Statutes, the state may file a motion

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: Appellate Procedure 9.140, or sections 924.07 or 924.071, Florida Statutes, the state may file a motion

In Re: Amendments to the Florida Rules of Criminal Procedure – Corrected Opinion

Court: Supreme Court of Florida | Date Filed: 2016-02-18

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

In Re: Amendments to the Florida Rules of Criminal Procedure - Corrected Opinion

Court: Supreme Court of Florida | Date Filed: 2016-01-21

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

In Re AMENDMENTS TO the FLORIDA RULES OF CRIMINAL PROCEDURE

Court: Supreme Court of Florida | Date Filed: 2015-10-29

Citation: 188 So. 3d 764, 40 Fla. L. Weekly Supp. 594, 2015 Fla. LEXIS 2949, 2015 WL 10490032

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

In Re AMENDMENTS TO the FLORIDA RULES OF CRIMINAL PROCEDURE

Court: Supreme Court of Florida | Date Filed: 2015-06-11

Citation: 167 So. 3d 395, 40 Fla. L. Weekly Supp. 322, 2015 Fla. LEXIS 1278, 2015 WL 3617816

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

Miller v. State

Court: District Court of Appeal of Florida | Date Filed: 2014-11-07

Citation: 152 So. 3d 55, 2014 Fla. App. LEXIS 18172, 2014 WL 5781133

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

State v. McMahon

Court: Supreme Court of Florida | Date Filed: 2012-04-05

Citation: 94 So. 3d 468, 37 Fla. L. Weekly Supp. 259, 2012 WL 1123738, 2012 Fla. LEXIS 641

Snippet: criminal case is set forth in sections 924.07 and 924.071, Florida Statutes (2009).3 Section 924.07(1), Florida

In Re Amendments to the Florida Rules of Criminal Procedure

Court: Supreme Court of Florida | Date Filed: 2009-11-19

Citation: 26 So. 3d 534, 34 Fla. L. Weekly Supp. 629, 2009 Fla. LEXIS 1948

Snippet: Appellate Procedure 9.140(c) or sections 924.07 or 924.071, Florida Statutes (2009). Rule 3.192 expressly

State v. Watson

Court: District Court of Appeal of Florida | Date Filed: 2005-08-12

Citation: 909 So. 2d 942, 2005 WL 1923389

Snippet: would be timely.[2] However, sections 924.07 and 924.071, Florida Statutes (2005), list the orders in criminal

State v. M.K.

Court: District Court of Appeal of Florida | Date Filed: 2001-04-26

Citation: 786 So. 2d 24, 2001 Fla. App. LEXIS 5560

Snippet: contends that the appeal is authorized by section 924.071(1)(k), but this statute applies exclusively to

State v. MK

Court: District Court of Appeal of Florida | Date Filed: 2001-04-26

Citation: 786 So. 2d 24, 2001 WL 420601

Snippet: contends that the appeal is authorized by section 924.071(1)(k), but this statute applies exclusively to

Pearson v. Moore

Court: District Court of Appeal of Florida | Date Filed: 2000-08-14

Citation: 767 So. 2d 1235, 2000 WL 1140023

Snippet: prosecutes the convict who is sentenced. See §§ 924.07, 924.071, Fla. Stat. (1997); see also Fla. R.App. P. 9.140

State v. Sowers

Court: District Court of Appeal of Florida | Date Filed: 2000-05-22

Citation: 763 So. 2d 394, 2000 WL 650481

Snippet: should be read in tandem with sections 924.07 & 924.071, Florida Statutes (1997), which designate the State's

State v. Gaines

Court: District Court of Appeal of Florida | Date Filed: 1999-03-31

Citation: 731 So. 2d 7, 1999 WL 2703

Snippet: judgment of acquittal. [1] Both sections 924.07 and 924.071 contain provisions, other than the one on which

I.T. v. State

Court: Supreme Court of Florida | Date Filed: 1997-05-08

Citation: 694 So. 2d 720, 22 Fla. L. Weekly Supp. 244, 1997 Fla. LEXIS 604

Snippet: sections of chapter 924: section 924.07 and section 924.071.2 Our holding was specifically limited to the two

IT v. State

Court: Supreme Court of Florida | Date Filed: 1997-05-08

Citation: 694 So. 2d 720, 1997 WL 228417

Snippet: sections of chapter 924: section 924.07 and section 924.071.[2] Our holding was specifically limited to the