Florida Statute 924.9 - 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. 924.09

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.

History.—s. 288, ch. 19554, 1939; CGL 1940 Supp. 8663(298); s. 4, ch. 59-130; s. 1, ch. 69-267.

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Amendments to 924.09

Annotations, Discussions, Cases:

Cases Citing Statute 924.09

Total Results: 25

State Ex Rel. Ervin v. Smith

160 So. 2d 518

Supreme Court of Florida | Filed: Jan 10, 1964 | Docket: 1457363

Cited 17 times | Published

days from the time of judgment or sentence. Section 924.09, Florida Statutes, F.S.A.; Rule 6.2 F.A.R.

Crownover v. Shannon

170 So. 2d 299

Supreme Court of Florida | Filed: Dec 21, 1964 | Docket: 438030

Cited 12 times | Published

proceedings, from an order of remand was governed by Section 924.09, F.S.A. governing appeals by the "defendant"

In Re Amend. to Fla. Rules of Cr. Proc.

606 So. 2d 227, 1992 WL 246494

Supreme Court of Florida | Filed: Sep 24, 1992 | Docket: 2191048

Cited 9 times | Published

specifying when a defendant may take an appeal; section 924.09, Florida Statutes, and Florida Criminal Appellate

Wade v. State

222 So. 2d 434

District Court of Appeal of Florida | Filed: May 16, 1969 | Docket: 1759440

Cited 9 times | Published

procedure. The controlling statute in this regard is § 924.09, Fla. Stat. 1967, F.S.A., which provides: "An

State Ex Rel. Cheney v. Rowe

11 So. 2d 585, 152 Fla. 316, 1943 Fla. LEXIS 902

Supreme Court of Florida | Filed: Jan 26, 1943 | Docket: 3261004

Cited 7 times | Published

within the ninety day period provided for by Section 924.09, Florida Statutes 1941, petitioner Cheney entered

Babson v. Wainwright

376 So. 2d 1187

District Court of Appeal of Florida | Filed: Oct 17, 1979 | Docket: 1734158

Cited 6 times | Published

appeal was from the conviction and sentence. See Section 924.09 Florida Statutes (1965) and Florida Appellate

Bell v. State

18 So. 2d 361, 154 Fla. 505, 1944 Fla. LEXIS 746

Supreme Court of Florida | Filed: Jun 9, 1944 | Docket: 3263456

Cited 4 times | Published

substantial compliance with the enumerated statutes. Section 924.09, Fla. Stats. 1941 (F.S.A.) limits the time

Miller v. State

134 So. 2d 513

District Court of Appeal of Florida | Filed: Nov 14, 1961 | Docket: 1343267

Cited 3 times | Published

reluctantly concur in the opinion. NOTES [1] F.S. § 924.09, F.S.A. [2] F.S. § 920.02(3), F.S.A. [3] McLendon

In Re Amendments to Florida Rules of Criminal Procedure 3.850 & 3.851

72 So. 3d 735, 36 Fla. L. Weekly Supp. 305, 2011 Fla. LEXIS 1483, 2011 WL 2472990

Supreme Court of Florida | Filed: Jun 23, 2011 | Docket: 2360693

Cited 2 times | Published

time limits for seeking a belated appeal. See § 924.09, Fla. Stat. (2008) ("An appeal may be taken by

In Re Amendments to Florida Rule of Criminal Procedure 3.851

1 So. 3d 163, 34 Fla. L. Weekly Supp. 30, 2008 Fla. LEXIS 2436, 2008 WL 5396709

Supreme Court of Florida | Filed: Dec 30, 2008 | Docket: 1653598

Cited 1 times | Published

time limits for seeking a belated appeal. See § 924.09, Fla. Stat. (2008) ("An appeal may be taken by

McGuire v. Cochran

135 So. 2d 226

Supreme Court of Florida | Filed: Nov 28, 1961 | Docket: 60220934

Cited 1 times | Published

The time for appeal has not yet expired. Section 924.-09, Florida Statutes, F.S.A., and Rule 6.2, Florida

Wells v. State

38 So. 2d 464, 1949 Fla. LEXIS 1235

Supreme Court of Florida | Filed: Feb 1, 1949 | Docket: 3263124

Cited 1 times | Published

Burnett v. State, 144 Fla. 689,198 So. 500. Section 924.09, Florida Statutes, 1941, F.S.A., specifies

In re Amendments to the Florida Rules of Criminal Procedure

900 So. 2d 528, 30 Fla. L. Weekly Supp. 244, 2005 Fla. LEXIS 615, 2005 WL 774834

Supreme Court of Florida | Filed: Apr 7, 2005 | Docket: 64837890

Published

specifying when a defendant may take an appeal; section 924.09, Florida Statutes, and Florida Criminal Appellate

Amendments to Florida Rules of Criminal Procedure 3.670 & 3.700(b)

760 So. 2d 67, 24 Fla. L. Weekly Supp. 527, 1999 Fla. LEXIS 1988, 1999 WL 1029286

Supreme Court of Florida | Filed: Nov 12, 1999 | Docket: 64797895

Published

specifying when a defendant may take an appeal; section 924.09, Florida Statutes, and Florida Criminal Appellate

Gardner v. State

219 So. 2d 100, 1969 Fla. App. LEXIS 6151

District Court of Appeal of Florida | Filed: Feb 4, 1969 | Docket: 64508504

Published

defendant has appealed therefrom. See Fla.Stat. § 924.09, F.S.A. He claims that the trial court erred in

Burgess v. State

194 So. 2d 698, 1967 Fla. App. LEXIS 5283

District Court of Appeal of Florida | Filed: Feb 1, 1967 | Docket: 64499636

Published

must dismiss the appeal ex mero motu. F.S. Section 924.09, F.S.A. provides: “924.09 When appeal to be

Finley v. State

168 So. 2d 201, 1964 Fla. App. LEXIS 3744

District Court of Appeal of Florida | Filed: Oct 23, 1964 | Docket: 64490952

Published

from the time of judgment or sentence. Fla.Stat. § 924.09, F.S.A.,1 Rule 6.2, F.A.R., 31 F.S.A.2 In the

Taylor v. State

167 So. 2d 93

District Court of Appeal of Florida | Filed: Aug 14, 1964 | Docket: 64490546

Published

after the entry of the order appealed. Fla. Stat. § 924.09, F.S.A. The order denying relief under the rule

Hood v. State

163 So. 2d 893, 1964 Fla. App. LEXIS 4240

District Court of Appeal of Florida | Filed: May 14, 1964 | Docket: 60221485

Published

days from the time of judgment or sentence. Section 924.09, Florida Statutes, F.S.A.; Rule 6.2 *895F.A

Saffan v. County of Dade

159 So. 2d 102

District Court of Appeal of Florida | Filed: Dec 13, 1963 | Docket: 60217634

Published

situation at hand: (1) The Florida Appellate Rules and § 924.09 Fla.Stat., F.S.A.4 each provide a 90-day appeal

Rich v. Harper Neon Co.

147 So. 2d 174

District Court of Appeal of Florida | Filed: Nov 16, 1962 | Docket: 60208391

Published

providing 2 days in landlord and tenant proceedings; § 924.09, providing 90 days in criminal matters; § 932

Dean v. State Road Department

144 So. 2d 867

District Court of Appeal of Florida | Filed: Sep 18, 1962 | Docket: 60207084

Published

providing 2 days in landlord and tenant proceedings; § 924.09, providing 90 days in criminal matters; § 932

Perez v. State

143 So. 2d 663, 1962 Fla. App. LEXIS 3091

District Court of Appeal of Florida | Filed: Jul 24, 1962 | Docket: 60206481

Published

would grant the motion and dismiss the appeal. . § 924.09, Fla.Stat., F.S.A.; Rule 6.2, Florida Appellate

Aronson v. Congregation Temple De Hirsch

123 So. 2d 408, 1960 Fla. App. LEXIS 2439

District Court of Appeal of Florida | Filed: Jun 16, 1960 | Docket: 60195646

Published

cases an appeal period of 90 days as specified by § 924.09, Fla.Stat., F.S. A., and rule 6.2, F.A.R.; for

Snell v. Mayo

80 So. 2d 330, 1955 Fla. LEXIS 3494

Supreme Court of Florida | Filed: Apr 22, 1955 | Docket: 64486817

Published

of the order appealed from, as provided by Section 924.09, Fla.Stat.1953, F.S.A., it was timely filed