Florida Statutes

Fla. Stat. § 924.19 (2025)

When operation of order in favor of defendant not stayed.

✓ 2025 Florida Statutes — current through the 2025 Regular Session
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924.19 When operation of order in favor of defendant not stayed.An appeal by the state shall not stay the operation of an order in favor of the defendant except as provided in s. 924.071(2), or when the appeal is from an order granting a new trial.
History.s. 295, ch. 19554, 1939; CGL 1940 Supp. 8663(308); s. 155, ch. 70-339.
Notes of Decisions
Cited in 4 cases, 1967–1987 · leading case: Sherrod v. Franza, 396 So. 2d 1136 (Fla. 4th DCA 1981).
Sherrod v. Franza, 396 So. 2d 1136 (Fla. 4th DCA 1981). · cites it 2× “The state made no effort to have the original order stayed pending appeal pursuant to Section 924.19 Florida Statutes (1979). The mandate from this Court, dated June 4, 1980, was lodged in the trial court on June 9, 1980.”
State v. Lampley, 271 So. 2d 783 (Fla. 3d DCA 1973). · cites it 4× “Therefore, we hold that pursuant to F.S. § 924.19, F.S.A. appellant’s argument must fail.”
State v. Cook, 201 So. 2d 769 (Fla. 4th DCA 1967). · cites it 2× “F.S.A. § 924.19. Accordingly, we grant the petition for writ of certiorari and quash the order acquitting the defendants.”
State v. Jimenez, 508 So. 2d 1257 (Fla. 3d DCA 1987). · cites it 2× “§ 924.19, Fla.Stat. (1985). Thus, despite the order granting a new trial, the adjudication of the defendant’s guilt of trafficking in cocaine remains in effect, and he is not entitled to be admitted to bail.”
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