The State in a criminal case may appeal
(2) orders suppressing before trial confessions, admissions, or evidence obtained by search and seizure;
(3) orders granting a new trial;
(4) orders arresting judgment;
(5) orders granting a motion for judgment of acquittal after a jury verdict;
(6) orders discharging a defendant under Florida Rule of Criminal Procedure 3.191;
(7) orders discharging a prisoner on habeas corpus;
(8) orders finding a defendant incompetent or insane;
(9) orders finding a defendant intellectually disabled under Florida Rule of Civil Procedure 3.203;
(10) orders granting relief under Florida Rule of Criminal Procedure 3.801, 3.850, 3.851, or 3.853;
(11) orders ruling on a question of law if a convicted defendant appeals the judgment of conviction;
(12) orders withholding adjudication of guilt in violation of general law;
(13) orders imposing an unlawful or illegal sentence or imposing a sentence outside the range permitted by the sentencing guidelines;
(14) orders imposing a sentence outside the range recommended by the sentencing guidelines;
(15) orders denying restitution; and
(16) as otherwise provided by general law for final orders. See Florida Rule of Appellate Procedure 9.140(c).
The procedures in criminal non-final appeals differ from those in civil non-final appeals. The criminal defendant’s notice of appeal must be filed with the clerk of the lower tribunal with copies to the State Attorney and the Attorney General within 30 days of the date the order was rendered. In criminal appeals, the clerk of the lower tribunal is to prepare and serve the record on appeal within 50 days of the filing of the notice of appeal and the initial brief is to be served within 30 days of service of the record or designation of appointed counsel, whichever is later. All further briefs (the answer and reply briefs) follow the same time-frame as for civil appeals.
See Florida Rule of Appellate Procedure 9.140(b)(3), (f)(1), & (g).
In cases of summary denial (without a hearing) of petitions for post-conviction relief under Florida Rule of Criminal Procedures 3.800(a), 3.801, 3.850, or 3.853, the clerk of the lower tribunal is to send the appellate court the motion, the order, any motion for rehearing, and any order denying rehearing, plus all attachments to any of these items. The record on appeal in these cases is discussed more in the Chapter on Pulling Together the Record on Appeal. No briefs are required, but the appellant may file a brief within 15 days of filing the notice of appeal.
See Florida Rule of Appellate Procedure 9.141.
