The Appeal Is Built at Trial
Here is the part people do not expect: most appeals are won or lost long before any appeal is filed, in the trial court itself. With narrow exceptions, an appellate court reviews only the issues that were properly raised below. See Williams v. State, 414 So. 2d 509 (Fla. 1982). That makes preserving the record a trial-lawyer’s job, and it is one I take seriously, because an issue that was never raised the right way is usually an issue an appellate court will never reach. I am a trial lawyer first, and I handle the post-trial motions and writs that grow out of that work, while referring direct appeals that need full briefing to appellate counsel.
What I Handle, and What I Refer Out
Not every step after a conviction is a full appeal. A great deal of the useful work happens in the trial court, on motions a trial lawyer is well suited to bring, and that is the work I take on directly: withdrawing a plea, correcting or reducing a sentence, contesting restitution, and the simpler writs, along with certiorari review of a DHSMV license suspension. What I refer out is the full direct appeal, the kind that turns on a long merits brief to the circuit court appellate division or a District Court of Appeal, which goes to appellate counsel I trust. Each path below has its own page.
Preserving the Record
Florida law is strict about this. Under section 924.051, an appeal cannot be taken unless the error was properly preserved or, if it was not, it would amount to fundamental error. To preserve an issue you make a timely, specific objection that tells the judge exactly what is wrong and what you are asking for. There are no magic words, but the objection has to be precise enough to fairly put the court on notice. See State v. Ivey, 285 So. 3d 281 (Fla. 2019). This is the contemporaneous objection rule the Florida Supreme Court described in State v. Jefferson, 758 So. 2d 661 (Fla. 2000). A definitive pretrial ruling can preserve an issue without renewing it, but renewing the objection at trial is the safer practice. In the end, an error is reviewable on appeal in one of three ways, a contemporaneous objection, a motion to correct a sentencing error for a sentencing mistake, or a showing of fundamental error, and the first is by far the most reliable.
Fundamental Error: The Narrow Exception
If an issue was not preserved, an appeal generally fails unless the error was fundamental, the rare kind of error that reaches into the basic validity of the trial or the sentence. Florida courts define it as an error that reaches down into the validity of the trial itself, where the guilty verdict could not have been obtained without it. See Jaimes v. State, 51 So. 3d 445 (Fla. 2010). Fundamental error is deliberately narrow, which is the whole reason preservation matters so much. Counting on the fundamental-error exception is not a plan, it is a last resort, and it is why the careful work happens at trial rather than after.
Sentencing Errors and Rule 3.800
Sentencing errors have their own path. A sentencing error has to be raised when it happens or through a motion to correct a sentencing error under Florida Rule of Criminal Procedure 3.800(b), and Rule 3.800(b)(2) even lets counsel raise such an error in the trial court after the notice of appeal is filed. Some sentencing errors that deny due process can be treated as fundamental. See Cromartie v. State, 70 So. 3d 559 (Fla. 2011). Catching a scoresheet or sentencing error and putting it on the record is part of how I handle a sentencing, which I cover on the sentencing page, and correcting one afterward is covered on the correcting or reducing a sentence page.
The Deadline Is Strict
If a post-trial motion or an appeal is on the table, time is the enemy. A motion to withdraw a plea after sentencing must be filed within thirty days, a motion to reduce a sentence within sixty days, a notice of appeal within thirty days of the rendition of the sentence under Florida Rule of Appellate Procedure 9.140, and a petition for writ of certiorari within thirty days of the order under Rule 9.100. Several of these deadlines are jurisdictional, which means missing one usually ends the right to that relief. The practical takeaway is simple: if you are thinking about challenging a conviction or sentence, do not wait.
Standards of Review, and Why the Record Matters
An appellate court does not retry the case or reweigh the evidence. It applies a standard of review that depends on the kind of ruling, and those standards are exactly why the record built at trial decides most appeals.
| Standard | When it applies | What it means |
|---|---|---|
| De novo | Pure questions of law | The court decides the legal question fresh, with no deference |
| Competent, substantial evidence | Factual findings | The finding stands if the record reasonably supports it |
| Abuse of discretion | Discretionary rulings | Reversed only if no reasonable judge would have ruled that way |
Related: Motion to withdraw a plea, Correcting or reducing a sentence, DHSMV formal review appeals, How sentencing works, and Criminal defense overview.
I started out as an Assistant Public Defender in Florida’s Thirteenth Judicial Circuit, in Tampa, and I am a trial lawyer first. I handle the post-trial and post-conviction work that grows out of that practice: motions to withdraw a plea, motions to correct an illegal sentence or to reduce a sentence, restitution hearings, petitions for writ of habeas corpus and other writs, and certiorari review of a DHSMV license suspension. The one thing I do not take on is the full direct appeal, the kind that lives or dies on a long brief, so when a case belongs in the circuit court appellate division or a District Court of Appeal on the merits, I refer it to appellate counsel I trust. Learn more about my background.
Common Questions
Do you handle criminal appeals?
I handle the post-trial and post-conviction work that grows out of trial and DUI practice: motions to withdraw a plea, motions to correct or reduce a sentence, restitution hearings, habeas and the simpler writs, and certiorari review of a DHSMV license suspension. The full direct appeal, the kind built on a long merits brief, I refer to appellate counsel I trust.
What does it mean to preserve an issue for appeal?
It means raising the error the right way in the trial court, usually through a timely, specific objection that tells the judge what is wrong and what you want. Under section 924.051, an appeal generally cannot be taken on an issue that was not preserved unless it amounts to fundamental error.
What is fundamental error?
It is the narrow category of error serious enough to undermine the basic validity of the trial or sentence, which an appellate court can address even if it was not preserved. Because it is narrow, it is a last resort rather than a substitute for preserving the issue at trial.
How long do I have to act after a conviction?
It depends on the relief. A motion to withdraw a plea after sentencing is due within thirty days, a motion to reduce a legal sentence within sixty days, a notice of appeal within thirty days, and a Rule 3.850 motion generally within two years. A motion to correct an illegal sentence can be brought at any time. Several of these are jurisdictional, so move quickly.
Will the appeals court look at the facts again?
No. The court does not retry the case. It applies a standard of review, deciding pure legal questions fresh, upholding factual findings that the record reasonably supports, and reversing discretionary rulings only for an abuse of discretion.
This page is general information about Florida law, not legal advice, and it does not create an attorney-client relationship. I handle trial-court post-conviction motions and DHSMV certiorari review, and I refer direct appeals that require full briefing to appellate counsel. Post-trial and appellate deadlines are strict and often jurisdictional, and the law can change, so confirm anything here against the current rules and statutes and speak with counsel promptly. Every case is different, and past results do not guarantee a similar outcome.
