Skip to Navigation | Skip to Main Content | Skip to Site Map

MyFloridaHouse.gov | Mobile Site

Senate Tracker: Sign Up | Login

The Florida Senate

1997 Florida Statutes

924.06  Appeal by defendant.--

1(1)  A defendant may appeal from:

(a)  A final judgment of conviction when probation has not been granted under chapter 948, except as provided in subsection (3);

(b)  An order granting probation under chapter 948;

(c)  An order revoking probation under chapter 948;

(d)  A sentence, on the ground that it is illegal; or

(e)  A sentence imposed outside the range permitted by the guidelines authorized by chapter 921.

(2)  An appeal of an order granting probation shall proceed in the same manner and have the same effect as an appeal of a judgment of conviction. An appeal of an order revoking probation may review only proceedings after the order of probation. If a judgment of conviction preceded an order of probation, the defendant may appeal from the order or the judgment or both.

(3)  A defendant who pleads guilty with no express reservation of the right to appeal a legally dispositive issue, or a defendant who pleads nolo contendere with no express reservation of the right to appeal a legally dispositive issue, shall have no right to a direct appeal.

History.--s. 285, ch. 19554, 1939; CGL 1940 Supp. 8663(295); s. 22, ch. 20519, 1941; s. 3, ch. 59-130; s. 147, ch. 70-339; s. 7, ch. 76-274; s. 3, ch. 83-87; s. 6, ch. 93-406; s. 5, ch. 96-248; s. 27, ch. 97-194.

1Note.--Section 27, ch. 97-194, amended subsection (1), effective October 1, 1998, to read:

(1)  A defendant may appeal from:

(a)  A final judgment of conviction when probation has not been granted under chapter 948, except as provided in subsection (3);

(b)  An order granting probation under chapter 948;

(c)  An order revoking probation under chapter 948; or

(d)  A sentence, on the ground that it is illegal.