(1) Subject to the terms and conditions set forth in this chapter, a prisoner in custody may seek relief based upon claims that the judgment of conviction or sentence was imposed in violation of the Constitution or law of the United States or the State of Florida.
(2) Either the state or a prisoner in custody may obtain review in the next higher state court of a trial court’s adverse ruling granting or denying collateral relief. The state may obtain review of any trial court ruling that fails to enforce a procedural bar.
(3) A person in a noncapital case who is seeking collateral review under this chapter has no right to a court-appointed lawyer.
History.—s. 6, ch. 96-248.
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.