(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.
Structure Florida Statutes
Title XLVII - Criminal Procedure and Corrections
Chapter 924 - Criminal Appeals and Collateral Review
924.04 - Appeal by One of Several Defendants.
924.05 - Appeal as Matter of Right.
924.051 - Terms and Conditions of Appeals and Collateral Review in Criminal Cases.
924.055 - Postconviction Review in Capital Cases; Legislative Findings and Intent.
924.056 - Capital Postconviction Proceedings; Reporting Requirements.
924.057 - Capital Postconviction Proceedings; Legislative Intent.
924.065 - Denial of Motion for New Trial or Arrest of Judgment; Appeal Bond; Supersedeas.
924.071 - Additional Grounds for Appeal by the State; Time for Taking; Stay of Cause.
924.09 - When Appeal to Be Taken by Defendant.
924.14 - Stay of Execution When Defendant Appeals.
924.15 - Approval of Appeal Bonds.
924.16 - Discharge Pending Appeal.
924.17 - Costs When Appellant Is Indigent.
924.18 - Bail When State Appeals.
924.19 - When Operation of Order in Favor of Defendant Not Stayed.
924.20 - Duty of Court Upon Breach of Undertaking.
924.22 - Stay When Execution of Sentence Already Commenced.
924.28 - Failure of Clerk to Transmit Appeal Papers as Required.
924.31 - When Argument Necessary.
924.33 - When Judgment Not to Be Reversed or Modified.
924.34 - When Evidence Sustains Only Conviction of Lesser Offense.
924.35 - Enforcement of Judgment on Affirmance.