Florida Statute 924.38 - 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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924.38 When removal shall be allowed on new trial.—When the appellate court orders a new trial, it shall be held in the court from which the appeal was taken unless the appellate court determines that the trial court improperly denied the defendant’s application for removal of the original trial. If the appellate court determines that removal is proper, it shall designate the court for the new trial.

History.—s. 314, ch. 19554, 1939; CGL 1940 Supp. 8663(327); s. 164, ch. 70-339.

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Amendments to 924.38

Annotations, Discussions, Cases:

Cases Citing Statute 924.38

Total Results: 3 | Sort by: Relevance | Newest First

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State v. Gary, 609 So. 2d 1291 (Fla. 1992).

Cited 5 times | Published | Supreme Court of Florida | 1992 WL 348339

...By prior order in this case, we accepted jurisdiction on an expedited basis and ordered interested parties to show cause why relief should not be granted. We have jurisdiction pursuant to article V, sections 3(b)(5) and 3(b)(8) of the Florida Constitution. [2] Section 924.38 of the Florida Statutes (1991) provides that if an appellate court determines that the trial court improperly denied a change of venue motion and removal is proper, the appellate court shall designate the court for the new trial....

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Williams v. State, 749 So. 2d 587 (Fla. 5th DCA 2000).

Published | Florida 5th District Court of Appeal | 2000 Fla. App. LEXIS 722, 2000 WL 85268

924.051(7) must be read in conjunction with section 924.38 and State v. DiGuilio, 491 So.2d 1129 (Fla

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Diaz v. State, 668 So. 2d 333 (Fla. Dist. Ct. App. 1996).

Published | District Court of Appeal of Florida | 1996 Fla. App. LEXIS 1577, 1996 WL 72291

PER CURIAM. Affirmed. § 924.38, Fla.Stat....

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