The 2023 Florida Statutes (including Special Session C)
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. . . appealed on the basis that it departs from the [CPC] only if the sentence is below the [LPS] ...."), § 924.07 . . .
. . . Because the order on review effectively dismissed the information under section 924.07(1)(a) of the Florida . . . claiming that the subject order is not one of the enumerated appealable orders set forth in section 924.07 . . . as an order granting relief under rule 3.190(c)(4), which is appealable by the State under section 924.07 . . . As such, the subject order was appealable by the State under section 924.07(1)(a) and rule 9.140(c)(1 . . . and attempted second degree murder on double jeopardy grounds was an appealable order under section 924.07 . . .
. . . JURISDICTION Pursuant to section 924.07(1)(a), Florida Statutes (2016), and Florida Rule of Appellate . . . "; see also § 924.07(1)(a) (using identical language as that found in Rule 9.140(c)(1)(A) to grant the . . .
. . . The State’s statutory authority to appeal is set forth in sections 924.07 and 924.071, Florida Statutes . . . The only mention of “judgment of acquittal” in the two statutes is subsection 924.07(l)(j), which provides . . . [a] ruling granting a motion for judgment of acquittal after a jury verdict.” § 924.07(l)(j); see also . . . [and] [t]hus, no appeal is authorized by section 924.07(1) [sic].”); see afeo Hudson v. . . . State, 711 So.2d 244, 246 (Fla. 1st DCA 1998) (“[Section 924.07(l)(j)] plainly contemplates appeal from . . .
. . . See § 924.07(j), Fla. Stat. (2009); Fla. R. App. P. 9.140(c)(1)(E). . . .
. . . When an appeal by the state is authorized by Florida Rule of Appellate Procedure 9.140, or sections 924.07 . . . When an appeal by the state is authorized by Florida Rule of Appellate Procedure 9.140, or sections 924.07 . . . When an appeal by the state is authorized by Florida Rule of Appellate Procedure 9.140, or sections 924.07 . . . When an appeal by the state is authorized by Florida Rule of Appellate Procedure 9.140, or sections 924.07 . . .
. . . Jordan, 783 So.2d 1179, 1181 (Fla. 3d DCA 2001), the State, pursuant to section 924.07, Florida Statutes . . . trial court which constitutes a downward departure sentence is ap-pealable by the State under section 924.07 . . .
. . . Section 924.07(l)(b), Florida Statutes, therefore, provides the State authority to appeal. . . .
. . . For the reasons explained below, we hold that the State has the authority, under section 924.07(5),' . . . The State contends that its authority to appeal the final order below is found in section 924.07(l)(e . . . that, because probation is not a “sentence,” the State did not have the right to appeal under section 924.07 . . . We hold that for purposes of section 924.07(5) and Florida Rule of Appellate Procedure 9.140(c)(l)(I) . . . solicits another to commit prostitution, is a part of the defendant’s “sentence” for purposes of section 924.07 . . .
. . . When an appeal by the state is authorized by Florida Rule of Appellate Procedure 9.140, or sections 924.07 . . .
. . . Section 924.07, Florida Statutes, permits the State to appeal an illegal sem tence and a sentence that . . . See § 924.07(l)(e), (i), Fla. Stat. ‘ (2014). . . .
. . . See § 924.07(l)(i), Fla. Stat. (2013); Fla. R. App. P. 9.140(c)(l)(M). . . .
. . . ''[Sjection 924.07(l)(k) must be interpreted to allow an appeal by the state from an order partially . . .
. . . When an appeal by the state is authorized by Florida Rule of Appellate Procedure 9.140, or sections 924.07 . . .
. . . See § 924.07(l)(a), Fla. Stat. (2013); Fla. JR. App. P. 9.140(c)(1)(A). . Miranda v. . . .
. . . that we have jurisdiction, pursuant to Florida Rule of Appellate Procedure 9.140(e)(1)(O) and section 924.07 . . . Section 924.07 authorizes circumstances where the State may appeal in a criminal case. . . . Under section 924.07(1)(k), the State may appeal “[a]n order denying restitution under s. 775.089.” § . . . 924.07(1)(k), Fla. . . .
. . . See § 924.07(1)0), Fla. Stat. (2012); Fla. R. App. P. 9.140(c)(1)(E); State v. . . .
. . . When an appeal by the state is authorized by Florida Rule of Appellate Procedure 9.140, or sections 924.07 . . .
. . . terminating probation — an order that violates the law — was subject to review and correction under section 924.07 . . . The order should be treated as a “sentence” that is appealable by the State under section 924.07(l)(e . . . unduly restrictive interpretation contained in our caselaw of the State’s right of appeal under section 924.07 . . . Florida Rule of Criminal Procedure B.800 is imported into the wholly dissimilar context of section 924.07 . . . The Court has never provided a plausible explanation for the transposition to the section 924.07 context . . . Jurisdiction The Second District acknowledged that the State had no right of appeal in this case, as section 924.07 . . . This Court determined that section 924.07 restricted the State from directly appealing to this Court . . . following an adverse decision of a district court in a criminal proceeding, but that section 924.07 did . . . adverse final orders of a circuit court, including in juvenile cases, and also determining that section 924.07 . . . his concurring in part and dissenting in part opinion in C.C., in which he determined that section 924.07 . . .
. . . Moreover, pursuant to section 924.07(l)(e), Florida Statutes, the State may appeal from “[t]he sentence . . .
. . . authority of district courts of appeal to hear appeals of right from final judgments or orders); § 924.07 . . .
. . . See § 924.07(l)(j), Fla. Stat. (2010); Fla. R. App. P. 9.140(c)(1)(E); State v. . . .
. . . See § 924.07(l)(j), Fla. Stat. (2011); Fla. R.App. P. 9.140(c)(1)(E). . . .
. . . The State appeals pursuant to section 924.07(l)(i), Florida Statutes (2010), and we reverse. . . .
. . . . § 924.07(l)(e), Fla. Stat. (2011). . . .
. . . Section 924.07(1), Florida Statutes (2011), sets forth the limited circumstances in which the state has . . . 9.140(c) of the Florida Rules of Appellate Procedure “serves as the procedural counterpart to section 924.07 . . . Pursuant to section 924.07(l)(e) and (i) and rule 9.140(c)(l')(M), the State may appeal an illegal sentence . . . Because the law is clear that the categories enumerated in section 924.07 are the only bases upon which . . . The court rejected the defendant’s assertion that section 924.07 somehow limited the state’s right to . . .
. . . I write to briefly respond to Chief Justice Canady’s assertion that the plain language of section 924.07 . . . Section 924.07, Florida Statutes (2009), sets forth “strictly limited and carefully crafted exceptions . . . The only mention of a “judgment of acquittal” in the statute is contained in subsection 924.07(l)(j), . . . Section 924.07(l)(e), Florida Statutes (2009), unambiguously authorizes the State to appeal from a criminal . . . Rather than applying the plain and ordinary meaning of section 924.07(l)(e), the majority applies the . . . such as it is — developed in a legal setting wholly inapposite to the statutory context of section 924.07 . . . require application of a different definition when determining if the State is authorized under section 924.07 . . . (quoting § 924.07(l)(e), Fla. Stat. (2009)). . . . The conflict issue concerns whether the State is authorized under section 924.07, Florida Statutes (2009 . . . The State’s authority to appeal a criminal case is set forth in sections 924.07 and 924.071, Florida . . . Section 924.07(1), Florida Statutes (2009), authorizes the State to appeal in a criminal case in the . . . See § 924.07(l)(i), Fla. Stat. (2009). . . . . (l)(e) to appeal a "sentence, on the ground that it is illegal.” § 924.07(l)(e), Fla. . . .
. . . See § 924.07(e), (i), Fla. Stat.; Fla. R.App. P. 9.140(c)(1)(M)-(N). . . .
. . . . § 924.07(l)(f), Fla. Stat. (2010); Fla. R.App. P. 9.040(c). . . .
. . . court to initiate a plea discussion, neither Florida Rule of Appellate Procedure 9.140(c) nor section 924.07 . . . illegal” for purposes of a state appeal under Florida Rule of Appellate Procedure 9.140(c) or section 924.07 . . .
. . . The appellate court disagreed, finding that the order under review was appealable under section 924.07 . . .
. . . Section 924.07, Florida Statutes (2009), sets forth “strictly limited and carefully crafted exceptions . . . The only mention of a “judgment of acquittal” in the statute is contained in subsection 924.07(l)(j), . . . Section 924.07 is crafted so as not to violate the state and federal constitutional prohibitions against . . . The court's ruling on the defense motion was an “acquittal” within the meaning of subsection 924.07(l . . . If deemed a “dismissal” of the indictment, then the order is appealable under subsection 924.07(l)(a) . . .
. . . Citing in its notice of appeal to section 924.07, Florida Statutes (2009), as its jurisdictional authority . . . In support of their motions to dismiss the state’s appeals, appellees argue that although section 924.07 . . . State, 891 So.2d 525 (Fla.2004), holding that section 924.07(1) does not grant the state the right to . . .
. . . See § 924.07(l)(e), Fla. Stat. (2009), and State v. Hewitt, 21 So.3d 914 (Fla. 4th DCA 2009). . . .
. . . deleting the definition for the phrase “order quashing,” currently in subdivision (f), because section 924.07 . . . the State as an interlocutory appeal under Florida Rule of Appellate Procedure 9.140(c) or sections 924.07 . . . For-the purpose of--construing section ■ 924.07(1), Florida Statutes (1969), the-statutory term “order . . . When an appeal by the state is authorized by Florida Rule of Appellate Procedure 9.140, or sections 924.07 . . .
. . . Section 924.07(l)(e)(i), Florida Statutes (2008), permits the State to challenge a sentence “on the ground . . .
. . . dispositive suppression order issued after the trial had begun could be appealed and whether section 924.07 . . .
. . . See § 924.07(l)(e), Fla. Stat. (2007). . . .
. . . Pursuant to section 924.07(1)®, Florida Statutes (2007), which provides that it may appeal from “[a] . . . emphasis added] under the guidelines, as provided by the only arguable authority for this appeal, section 924.07 . . .
. . . The state has a right under section 924.07(1)(Z) to appeal an order excluding collateral crime evidence . . .
. . . on appeal a decision from the Fourth District Court of Appeal declaring invalid portions of section 924.07 . . . public importance when the order is one that is otherwise appealable to the circuit court under section 924.07 . . . The general law, pursuant to section 924.07(l)(h), grants the State the right to appeal “[a]ll other . . . The State also argues that the order is ap-pealable pursuant to section 924.07(l)(h). . . . However, we need not make a determination on this issue because the order clearly falls under 924.07( . . .
. . . issue of the amount would remain pending and termination of the issue would not be effectuated. .See § 924.07 . . .
. . . We have jurisdiction pursuant to section 924.07(1)(a), Florida Statutes (2004); Florida Rule of Appellate . . .
. . . Under section 924.07(l)(h), Florida Statutes (2005), and Florida Rule of Appellate Procedure 9.140(c) . . . Section 924.07(l)(h), Florida Statutes, was adopted in 1969 and authorizes the State to appeal from “ . . . (re-designating § 924.07(8) as § 924.07(l)(h)). . . . As a result, the State’s statutory right to seek review of nonfinal orders provided in section 924.07 . . . As a result of these differing clauses in the constitution, section 924.07(l)(h) is an unconstitutional . . .
. . . However, sections 924.07 and 924.071, Florida Statutes (2005), list the orders in criminal cases that . . . P. 9.140(c)(3). . § 924.07(l)(e), Fla. Stat. (2005). . § 924.07(l)(i), Fla. Stat. (2005). . . . .
. . . We have jurisdiction pursuant to section 924.07(1)©, Florida Statutes (2004), and Florida Rule of Appellate . . .
. . . . ■ The State argues that we have jurisdiction to review this pre-trial order under section 924.07(l) . . . Florida Statutes (2004) which purports to allow the state to appeal “other pre-trial orders,” and section 924.07 . . . Although some provisions of section 924.07(1) have been adopted in rule 9.140(c) by the Florida Supreme . . . The provisions in section 924.07(1) relied on by the State in this case are not unconstitutional as to . . . the category of “other pre-trial orders,” which the state can appeal to circuit court under section 924.07 . . .
. . . Section 924.07(l)(k), Florida Statutes, expressly authorizes a state appeal from an order denying restitution . . .
. . . Chapter 2004-60, section 2, amended section 924.07, Florida Statutes, to add an “order withholding adjudication . . . See § 924.07(l)(m), Fla. Stat. (2004). . . . With minor modifications consistent with section 924.07(l)(m), we adopt proposed new subdivision (c)( . . . speedy trial rule,” and items (F), (G), and (H) track the balance of state appellate rights in section 924.07 . . .
. . . Read in the context of the double jeopardy provisions in [the state and federal constitutions, section 924.07 . . . See § 924.07(l)(c) & (j), Fla. Stat. (2002); see generally Exposito v. . . .
. . . permissible sentence established by the Criminal Punishment Code under chapter 921.’ ” Id. at 1181 (quoting § 924.07 . . . Thus, pursuant to section 924.07(l)(i), Florida Statutes (2003), the State is authorized to appeal the . . .
. . . This case presents the issue of whether section 924.07, Florida Statutes (2004), authorizes a State appeal . . . Based on the plain language of the statute, we hold that section 924.07 does not authorize a State appeal . . . The state shall pay all costs of the appeal except for the defendant’s attorney’s fees. § 924.07, Fla . . . Stat. (2004). . § 924.07(l)(b), Fla. Stat. (2004). . § 924.07(l)(c), Fla. Stat. (2004)'. . . . . In 1987, this subsection was renumbered as section 924.07(l)(d). . . . I concur with the majority’s holding that the plain language of section 924.07, Florida Statutes (2004 . . .
. . . The State has filed a cross-appeal in this case pursuant to section 924.07(1)(d), Florida Statutes (2003 . . . Section 924.07(l)(d), on its face, might seem to give the State the right to receive review of this issue . . . We conclude that the right of cross-appeal created by section 924.07(l)(d) does not expand this court . . .
. . . See § 924.07(1)(e), Fla. Stat. (2001); Fla.R.App.P. 9.140(c)(1)(K). . . .
. . . motion, the court shall proceed as provided in subsection (4). (7) The state may appeal, pursuant to s. 924.07 . . .
. . . See § 924.07, Fla. Stat. (2003); Fla. R. of App. P. 9.140(c)(1). . . .
. . . Defendant argues that the State does not have the right to appeal the Order in question because Section 924.07 . . .
. . . downwardly departing from the sentencing guidelines, the state had authority to appeal under section 924.07 . . .
. . . Expósito argues that this court has no jurisdiction as section 924.07, Florida Statutes (2000) does not . . . Therein, the Fourth District Court of Appeal held that section 924.07, Florida Statutes (2000) does not . . . As section 924.07 authorizes the State to appeal orders dismissing an indictment or information or any . . .
. . . For the purpose of construing section 924.07(1), Florida Statutes (1969), the statutory term “order quashing . . . The statute authorizing the state to appeal from certain orders, section 924.07, Florida Statutes, should . . .
. . . speedy trial rule,” and items (F), (G), and (H) track the balance of state appellate rights in section 924.07 . . .
. . . speedy trial rule,” and items (F), (G), and (H) track the balance of state appellate rights in section 924.07 . . .
. . . See §§ 924.07(l)(a) and (j), Fla. . . . State, 711 So.2d 244, 246 (Fla. 1st DCA 1998) (holding that section 924.07(1)(j) “plainly contemplates . . .
. . . speedy trial rule,” and items (F), (G), and (H) track the balance of state appellate rights in section 924.07 . . .
. . . Section 924.07, Florida Statutes (2000), sets forth what the state can appeal. . . . Because the State’s right to appeal is purely statutory, and section 924.07 does not authorize an appeal . . .
. . . In response, the state argued that the appeal is authorized by section 924.07(1)(k), Florida Statutes . . . Counsel for the child contends that section 924.07(1)(k) applies only to appeals in adult criminal cases . . .
. . . Our case law clearly establishes that section 924.07 is the only basis upon which the state may appeal . . . a matter of right and that appeals may be taken only in the express categories contained in section 924.07 . . . Section 924.07, in turn, authorizes the state to appeal two types of sentences: 1) a sentence that is . . . See § 924.07(e) & (i), Fla.Stat. (1999). . . . entered by the trial court, constituted a “departure sentence” which is clearly appealable under section 924.07 . . .
. . . . § 924.07(1)®, Fla. Stat.; Fla. R.App. P. 9.140(c)(l)(K). . . .
. . . the CPC is unreasonable because it permits the state to appeal a downward departure sentence, see § 924.07 . . .
. . . For the purpose of construing section 924.07(1), Florida Statutes (1969), the statutory term “order quashing . . . The statute authorizing the state to appeal from certain orders, section 924.07, Florida Statutes, should . . .
. . . constitutional prohibition against placing a defendant in double jeopardy and, on rehearing, declared section 924.07 . . . In denying the State’s motion for rehearing, the Fourth District held section 924.07(1)® unconstitutional . . . Accordingly, we address whether section 924.07(1)© may provide the State with the authority to appeal . . . CONSTITUTIONALITY OF SECTION 924.07(1)© Article V, section 4(b)(1) of the Florida Constitution vests . . . Section 924.07(8), Florida Statutes (Supp. 1972), the subsection at issue in State v. . . .
. . . speedy trial rule,” and items (F), (G), and (H) track the balance of state appellate rights in section 924.07 . . .
. . . See §§ 924.07, 924.071, Fla. Stat. (1997); see also Fla. R.App. P. 9.140. . . .
. . . See section 924.07(2), Florida Statutes (1999). BARFIELD, C.J., KAHN and DAVIS, JJ., CONCUR. . . .
. . . Subsection (c)(1) should be read in tandem with sections 924.07 & 924.071, Florida Statutes (1997), which . . .
. . . the initial brief or original petition, that the party has a right to appeal under s. 924.06 or s. 924.07 . . .
. . . Section 924.07(l)(i), Florida Statutes (Supp.1998), also provides that the state may take an appeal from . . .
. . . Section 924.07(1)©, Florida Statutes (1999), provides that the “state may appeal from ... . . .
. . . We hold that we have jurisdiction pursuant to section 924.07(l)(a), Florida Statutes (1997). III. . . .
. . . . § 924.07(l)(j), Fla. Stat. (1997); Fla. R.App. P. 9.140(c)(1)(E). . . .
. . . See § 924.07(l)(d), Fla. Stat. (1997). . . .
. . . The state was permitted to appeal under Florida Statute section 924.07(1)(i), (1995). . . . G., the procedural error does not make the sentence illegal under section 924.07(1)(e), Florida Statutes . . . one at issue, the first district held that Florida Rule of Appellate Procedure 9.140(c) and section 924.07 . . .
. . . The state’s motion for rehearing raises, for the first time, section 924.07(1)(1), Florida Statutes ( . . . Accordingly, section 924.07(1)(Z) is unconstitutional. State v. . . . Both sections 924.07 and 924.071 contain provisions, other than the one on which the state relies in . . .
. . . .; §§ 924.07, 071, Fla. Stat. (1995). . . .
. . . Only in the circumstances it specifies does section 924.07, Florida Statutes (1995), confer on the state . . . [a] ruling granting a motion for judgment of acquittal after a jury verdict.” § 924.07(l)(j), Fla. . . . Against this background, we have also to consider whether another provision of section 924.07, Florida . . . rule upon the question raised by the state regardless of the disposition of the defendant’s appeal. § 924.07 . . . (l)(j), which authorizes appeals only from judgments of acquittal granted “after a jury verdict.” § 924.07 . . .
. . . Neither Florida Rule of Appellate Procedure 9.140(c), nor section 924.07, Florida Statutes (1995), authorizes . . .
. . . Section 924.07(1)(j), Florida Statutes (1995), provides that the state may appeal from a “ruling granting . . .
. . . The issue raised by the motion is whether section 924.07(l)(k), Florida Statutes, authorizes an appeal . . . Section 924.07(l)(k), Florida Statutes, authorizes the state to appeal “[a]n order denying restitution . . . We cannot determine the legislative intent of section 924.07(l)(k) by reading the text of the statute . . . Based on several related principles of statutory construction, we conclude that section 924.07(l)(k) . . . Section 924.07(l)(k), like other statutes granting the right to appeal, is remedial. In State v. . . .
. . . to juveniles, we were concerned in that case with only two specific sections of chapter 924: section 924.07 . . . Sections 924.07 and 924.071 are substantially the same in the current statutes. . . .
. . . Section 924.07(l)(k), Florida Statutes (1995), explicitly authorizes the state to appeal an order denying . . .
. . . For the purpose of construing section 924.07(1), Florida Statutes (1969), the statutory term “order quashing . . . The statute authorizing the state to appeal from certain orders, section 924.07, Florida Statutes, should . . .
. . . speedy trial rule,” and items (F), (G), and (H) track the balance of state appellate rights in section 924.07 . . .
. . . speedy trial rule,” and items (F), (G), and (H) track the balance of state appellate rights in section 924.07 . . .
. . . Subsequent to the MacLeod decision, the legislature amended section 924.07, Florida Statutes, to authorize . . . a state appeal from “[a]n order denying restitution under s. 775.089.” § 924.07(l)(k), Fla.Stat. (1995 . . . Since the order under review was entered long after paragraph 924.07(l)(k) went into effect, the order . . .
. . . address the issue raised by the state on cross-appeal, notwithstanding the second sentence of section 924.07 . . . However, we also certify the following to be a question of great public importance: IS SECTION 924.07 . . .
. . . Pursuant to section 924.07(1)(j), Florida Statutes (1993), the state may appeal a ruling granting a motion . . .
. . . statutes now provide the state may appeal an order denying restitution under section 775.089, see § 924.07 . . .
. . . .” § 924.07(1)®, Fla.Stat. (1991). . . .