Florida Statutes
Fla. Stat. § 924.09 (2025)
When appeal to be taken by defendant.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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924.09 When appeal to be taken by defendant.—An appeal may be taken by the defendant only within the time provided by the Florida Rules of Appellate Procedure after the judgment, sentence, or order appealed from is entered, except that an appeal by a person who has not been granted probation may be taken from both judgment and sentence within the time provided by said rules after the sentence is entered.
Notes of Decisions
Cited in 24
cases, 1943–2011 · leading case: Wade v. State, 222 So. 2d 434 (Fla. 2d DCA 1969).
Wade v. State, 222 So. 2d 434 (Fla. 2d DCA 1969). “The controlling statute in this regard is § 924.09, Fla. Stat. 1967, F.S.A., which provides: "An appeal may be taken by the defendant only within ninety days after the judgment, sentence, or order appealed from is entered, except that an appeal by a person who has not been…”
Wade v. Mayo, 334 U.S. 672 (1948). “" 24 Fla. Stat. Ann. § 924.09 . [12] Florida provides two devices for collateral attack upon criminal convictions: habeas corpus and coram nobis.”
In Re Amend. to Fla. Rules of Cr. Proc., 606 So. 2d 227 (Fla. 1992). “06, Florida Statutes, specifying when a defendant may take an appeal; section 924.09, Florida Statutes, and Florida Criminal Appellate Rule 6.”
State Ex Rel. Ervin v. Smith, 160 So. 2d 518 (Fla. 1964). “Customarily a time limitation is placed on the right to appeal.”
In Re Amendments to Florida Rules of Crim. Procedure 3.850 & 3.851, 72 So. 3d 735 (Fla. 2011). “See § 924.09, Fla. Stat. (2008) (“An appeal may be taken by the defendant only within the time provided by the Florida Rules of Appellate Procedure after the judgment, sentence, or order appealed from is entered.”
Crownover v. Shannon, 170 So. 2d 299 (Fla. 1964). “2d 330 , this Court held that an appeal, by the petitioner seeking release by habeas corpus proceedings, from an order of remand was governed by Section 924.09, F.S.A. governing appeals by the "defendant" in a criminal prosecution allowing the defendant ninety days to appeal.”
Finley v. State, 168 So. 2d 201 (Fla. 2d DCA 1964). “Fla.Stat. § 924.09, F.S.A., 1 Rule 6.2, F.”
Babson v. Wainwright, 376 So. 2d 1187 (Fla. 5th DCA 1979). “See Section 924.09 Florida Statutes (1965) and Florida Appellate Rule 1962 Revision 3.”
State Ex Rel. Cheney v. Rowe, 11 So. 2d 585 (Fla. 1943). “On September 15, 1942, within the ninety day period provided for by Section 924.09, Florida Statutes 1941, petitioner Cheney entered his appeal from the sentence and judgment of conviction entered in the Circuit Court of Suwannee County, Florida, to the Supreme Court of the…”
Miller v. State, 134 So. 2d 513 (Fla. 1st DCA 1961). “The Circuit Courts, District Courts of Appeal, and the Supreme Court form an integral court system; and taking into consideration the circumstances enumerated above I think that due process and justice requires considering the motion for new trial as having been timely filed.”
Aronson v. Congregation Temple De Hirsch, 123 So. 2d 408 (Fla. 3d DCA 1960). “Thus, for appeals by defendants in criminal cases an appeal period of 90 days as specified by § 924.09, Fla.Stat., F.S. A., and rule 6.”
In re Amendments to the Florida Rules of Crim. Procedure, 900 So. 2d 528 (Fla. 2005). “06, Florida Statutes, specifying when a defendant may take an appeal; section 924.09, Florida Statutes, and Florida Criminal Appellate Rule 6.”
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