The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 924
CRIMINAL APPEALS AND COLLATERAL REVIEW

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F.S. 924.065

924.065 Denial of motion for new trial or arrest of judgment; appeal bond; supersedeas.—

(1) Immediately after denial of a motion for a new trial or a motion in arrest of judgment, the court shall dictate the denial to the court reporter and sentence the defendant. The defendant may file notice of appeal following denial of the motion and sentencing. Upon filing of notice of appeal, the court shall set the amount of the appeal bond if the defendant is entitled to bail. The clerk shall prepare a certificate setting forth the filing and approval of the supersedeas bond, and the certificate shall be sufficient authority for release of the defendant.

(2) An appeal may not be a supersedeas to the execution of the judgment, sentence, or order until the appellant has entered into a bond with at least two sureties to secure the payment of the judgment, fine, and any future costs that may be adjudged by the appellate court. The bond shall be conditioned on the appellant’s personally answering and abiding by the final order, sentence, or judgment of the appellate court and, if the action is remanded, on the appellant’s appearing before the court in which the case was originally determined and not departing without leave of court.

(3) An appellant who has been sentenced to death shall not be released on bail.

History.—s. 239, ch. 19554, 1939; CGL 1940 Supp. 8663(248); s. 120, ch. 70-339; s. 23, ch. 2013-25.

Note.—Former s. 920.02.

F.S. 924.065 on Google Scholar

F.S. 924.065 on Casetext

Amendments to 924.065

Arrestable Offenses / Crimes under Fla. Stat. 924.065

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 924.065.

Annotations, Discussions, Cases:

Cases from cite.case.law:

F. CROW, v. STATE, 866 So. 2d 1257 (Fla. Dist. Ct. App. 2004)

. . . See § 924.065, Fla. Stat. (2003). . . .

ROWE, v. STATE, 417 So. 2d 981 (Fla. 1982)

. . . Section 924.065(3), Florida Statutes (1981), reflects a legislative belief that “capital offense” for . . . Rowe’s, then section 924.065(3) did not “restore” it. . . . The First District correctly declined to imply such legislative intention from section 924.065(3). . . .

ROWE, v. STATE, 394 So. 2d 1059 (Fla. Dist. Ct. App. 1981)

. . . Defendant further urges that Section 924.065(3), Florida Statutes (1979), authorizes judicial discretion . . . Finally, we are not persuaded that Section 924.065(3), Florida Statutes (1979), restores this discretion . . . Section 924.065(3), Florida Statutes (1979), states: “An appellant who has been sentenced to death shall . . . We decline to imply such an intention from Section 924.065(3), Florida Statutes (1979). . . .

LOEB, v. STATE, 387 So. 2d 433 (Fla. Dist. Ct. App. 1980)

. . . . § 924.065, Fla.Stat. (1979); Cash v. State, 73 So.2d 903 (Fla.1954). . . . Fla.R.App.P. 9.310(a). . § 924.14, Fla.Stat. (1979). . § 924.065, Fla.Stat. (1979). . . . .