for the reasons specified in the committee note for that

Rules of Appellate Procedure

Rule: 9.141

Jurisdiction: FL

Bluebook Citation: Fla. R. App. P. 9.141

rule. 2005 Amendment. New subdivision (L) was added to (c)(1) in response to the Florida legislature’s enactment of section 775.08435(3), Florida Statutes (2004), which provides that “[t]he withholding of adjudication in violation of this section is subject to appellate review under chapter 924.” 2020 Amendment. The reference to appeals to the circuit court of nonfinal orders by the State was removed following the April 1, 2026 Florida Rules of Appellate Procedure 90 repeal of section 924.08, Florida Statutes (2019), to clarify that final and nonfinal appellate jurisdiction in criminal cases is vested in the district courts of appeal. Court Commentary 1996. Rule 9.140 was substantially rewritten so as to harmonize with the Criminal Appeal Reform Act of 1996 (CS/HB 211). The reference to unlawful sentences in rule 9.140(b)(1)(D) and (c)(1)(J) means those sentences not meeting the definition of illegal under Davis v. State, 661 So. 2d 1193 (Fla. 1995), but, nevertheless, subject to correction on direct appeal.

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