STATE OF FLORIDA, APPELLANT,
v.
JOE LEON BROWN, APPELLEE
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Florida's appeal of a trial court order granting a defendant's motion for judgment of acquittal notwithstanding the jury's guilty verdict is dismissed. The court holds that the state has no statutory right to appeal a final judgment of acquittal in a criminal proceeding, and the state's attempted appeal is barred.
No. The state has no right to appeal a final judgment of acquittal in a criminal proceeding. The state's right to appellate review in criminal cases is purely statutory and is limited to the grounds specified in Florida Statute 924.07. An order granting judgment of acquittal is not within the scope of appealable orders under that statute.
[1] The state has no statutory right to appeal a judgment of acquittal in a criminal proceeding.
[2] Appellate review is a right derived from the sovereign, not from common law.
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Join FLexlaw to unlock all legal intelligence“Appellate review of any order or judgment entered by a trial court is not a right derived from the common law; it is derived from the sovereign.”
Establishes that appellate review is a creature of statute, not common law right
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Join FLexlaw to unlock all legal intelligenceA jury returned a verdict of guilty against defendant Joe Leon Brown. The trial judge granted Brown's motion for judgment of acquittal after the verdi…
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On Motion to Quash
RAWLS, Acting Chief Judge.
The notice of appeal filed in this case recites: “The nature of the Order appealed from is an Order granting Defendant’s Motion of Acquittal Not Withstanding Verdict.” Appellee-defendant Brown contends that the state has no right to appeal a judgment of acquittal in a criminal proceeding, and thus his motion to quash the instant appeal should be granted. We agree. Appellate review of any order or judgment entered by a trial court is not a right derived from the common law; it is derived from the sovereign. State v. Smith, 260 So. 2d 489 (Fla.1972). The state’s right to seek appellate review in a criminal case is purely statutory and is found in Florida Statute 924.07. Whidden v. State, 159 Fla. 691, 32 So. 2d 577 (1947).1 Florida Rule of Criminal Procedure 3.380(c) authorizes a defendant to make or renew a motion for 'judgment of acquittal after a jury has returned a verdict of guilty. The trial judge’s challenged order acquitted the defendant, therefore, the state is seeking to appeal from a final judgment of acquittal in a criminal proceeding.
In oral argument which was directed by this court, the state conceded that the sole statutory language which might be construed to authorize the instant appeal is stated in subsection (1) of Florida Statute 924.07, viz: “An order dismissing an indictment or information or any count thereofand then reasons that the instant order may be construed as being within the purview of the cited rule. We decline to place such a tortuous construction upon the plain language and meaning of “indictment or information”.
Finally, the state urges this court to in the alternative treat the notice of appeal as a petition for writ of common law certiorari and review the controverted order. As stated above, appellate review of a judgment of acquittal entered in a criminal proceeding is not authorized. The state’s ore tenus motion for common law certiorari is denied.
Appellee’s motion to quash this appeal is granted.
MILLS and SMITH, JJ., concur. . Also see In Re Florida Appellate Rules 1962 Revision, 142 So. 2d 724 (Fla.1962), wherein the Supreme Court stated: “All statutes not superseded hereby or in conflict herewith shall remain in effect as rules promulgated by the Supreme Court.”
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Citator
Cited By (15 total)
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State v. C.C., 476 So. 2d 144 (Fla. 1985)…s of the juvenile appellees, dismissed the appeals by means of a consolidated order. The court explained its decision as follows: The state’s right to appeal is purely statutory. Whidden v. State, 159 Fla. 691, 32 So. 2d 577 (1947); State v. Brown, 330 So. 2d 535 (Fla. 1st DCA 1976). Because the Florida Juvenile Justice Act, Chapter 39, Florida Statutes (1981) contains no provision authorizing an appeal by the state, we grant appellees’ motions to dismiss. We expressly disagree with the decision of the Fifth…
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State v. Chapman Levi Creighton, 469 So. 2d 735 (Fla. 1985)…e, e.g., State ex rel. Sebers v. McNulty, 326 So. 2d 17 (Fla.1975); Clement v. Aztec Sales, Inc., 297 So. 2d 1 (Fla.1974); State v. Matera, 378 So. 2d 1283 (Fla. 3d DCA 1979); State v. I.B., 366 So. 2d 186 (Fla. 1st DCA 1979); State v. Brown, [*740] 330 So. 2d 535 (Fla. 1st DCA 1976); see generally Fla.R.App.P. 9.140, Committee Note. This understanding is in keeping with the common-law rule that a writ of error6 would lie for the defendant but not for the state. Thus it is now generally held that, unless exp…
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State v. C.C., 449 So. 2d 280 (Fla. 3d DCA 1983)…om a final judgment which it has no jurisdictional authority to consider by treating it as a petition for certiorari. Stein v. Darby, 134 So. 2d 232 (Fla. 1961); Jacksonville, T. & K.W. Ry. Co. v. Boy, 34 Fla. 389, 16 So. 290 (1894); State v. Brown, 330 So. 2d 535 (Fla. 1st DCA 1976); 3 Fla.Jur.2d Appellate Review § 467 (1978). . Note 3, supra. . Since they hold merely that otherwise authorized juvenile appeals are governed by criminal rather than civil appellate procedural rules, D.S.K. v. State, 396 So. 2…1 / 2
Previewing 3 of 15 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Smith, 260 So. 2d 489 (Fla. 1972)
- Whidden v. State, 159 Fla. 691 (Fla. 1947)
- Franceschini v. Eulalia Marie Ladd and Paul O. Ladd, 159 Fla. 679 (Fla. 1947)
- In re Fla. App. Rules 1962 Revision, 142 So. 2d 724 (Fla. 1962)