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State v. Creighton

Supreme Court of Florida
469 So. 2d 735 (1985)
ELI5:

Rule of Law:

The state's right to appeal in a criminal case is governed strictly by statute and is not a substantive right conferred by the Florida Constitution. Appellate jurisdiction granted by the constitution merely allocates which court hears an appeal, but does not create the right to take one.


Facts:

  • A fire occurred, leading to criminal charges against Chapman Levi Creighton.
  • Creighton was alleged to have committed arson.
  • Creighton was also alleged to have failed in a legal duty to control the fire or give a prompt alarm.

Procedural Posture:

  • The State of Florida filed a two-count information against Chapman Levi Creighton in a state trial court.
  • At the conclusion of a jury trial, Creighton moved for a judgment of acquittal, on which the trial court deferred ruling.
  • The jury returned a verdict of not guilty on the arson count and guilty on the count of failure to control a fire.
  • Creighton renewed his motion for a judgment of acquittal on the count for which he was convicted.
  • The trial judge granted Creighton's motion and entered a judgment of acquittal.
  • The State, as appellant, appealed the judgment of acquittal to the District Court of Appeal, First District.
  • The District Court of Appeal dismissed the State's appeal.
  • The District Court certified that its decision was in direct conflict with a decision from another appellate district, providing a basis for further review.
  • The State, as petitioner, sought review from the Supreme Court of Florida.

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Issue:

Does the State of Florida have a right under the Florida Constitution to appeal a trial court's order granting a post-verdict judgment of acquittal in a criminal case, even when such an appeal is not explicitly authorized by statute?


Opinions:

Majority - Chief Justice Boyd

No. The state's right to appeal a ruling in a criminal case is purely statutory and not a constitutional right. A historical analysis of the Florida Constitution reveals that its current language concerning appellate jurisdiction only allocates which court may hear an appeal, but does not create the substantive right to appeal. The prior constitutional language that was interpreted to create such a right in the civil case of Crownover v. Shannon was intentionally removed in a later revision, signaling a return to the long-standing rule that the state's right to appeal is controlled by statute. Florida Statute § 924.07 lists all orders from which the state may appeal in a criminal case, and a judgment of acquittal is not among them. Therefore, the state's appeal was properly dismissed because it lacked statutory authorization.


Concurring - Justice Adkins

Concurred in result only, without a written opinion.



Analysis:

This decision solidifies the principle that the state's appellate power in criminal cases is strictly limited and not co-equal with that of a defendant. By rejecting the argument for a constitutional right to appeal, the court prevents the state from challenging acquittals and other final orders favorable to the defendant unless the legislature has explicitly permitted it. This ruling reinforces the finality of judgments of acquittal, aligns with the common-law tradition against government appeals in criminal matters, and ensures a uniform, statute-based approach to state appeals across all Florida appellate districts.

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