Florida Statute 924.37 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 924
CRIMINAL APPEALS AND COLLATERAL REVIEW

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F.S. 924.37

924.37 Order or decision when state appeals.—

(1) When the state appeals from an order dismissing an indictment, information, or affidavit, or a count of it, or an order granting a new trial and the order is affirmed, the appellate court shall direct the trial court to implement the order. If an order dismissing an indictment, information, or affidavit, or a count of it, is reversed, the appellate court shall direct the trial court to permit the defendant to be tried on the reinstated indictment, information, or affidavit. If an order granting a new trial is reversed, the appellate court shall direct that judgment of conviction be entered against the defendant.

(2) A cross-appeal by the state is not jurisdictional. When the state cross-appeals from a ruling on a question of law adverse to the state, the appellate court shall decide the question if it is reasonably capable of repetition in any proceeding.

History.—s. 313, ch. 19554, 1939; CGL 1940 Supp. 8663(326); s. 163, ch. 70-339; s. 8, ch. 96-248.

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Amendments to 924.37

Arrestable Offenses / Crimes under Fla. Stat. 924.37

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 924.37.

Annotations, Discussions, Cases:

Cases Citing Statute 924.37

Total Results: 4

Cherry v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1991-01-09T23:53:00-08:00

Citation: 572 So. 2d 521

Snippet: FOR REHEARING PER CURIAM. We find that section 924.37(2), Florida Statutes (1989), is inapplicable to

State v. Jones

Court: Fla. | Date Filed: 1986-05-15T00:53:00-07:00

Citation: 488 So. 2d 527

Snippet: legislative intent is supported by reference to section 924.37, Florida Statute (1983), which expressly contemplates

State v. Digman

Court: Fla. | Date Filed: 1974-03-20T00:53:00-07:00

Citation: 294 So. 2d 325

Snippet: on the reinstated indictment, pursuant to F.S. § 924.37(1), F.S.A. It is so ordered. ADKINS, C.J., and

Diecidue v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1960-04-01T00:00:00-08:00

Citation: 119 So. 2d 803, 1960 Fla. App. LEXIS 2487

Snippet: discussion of the cross-appeal is authorized by section 924.37(2), Florida Statutes, F.S. A., and it is strictly