State, Department of Corrections v. Mikle

The Florida Department of Corrections (“DOC”) appeals from a trial court Order which granted the Defendant’s motion to serve his sentence in a South Florida correctional facility between West Palm Beach and Everglades. We reverse.

As a preliminary matter, the Defendant argues that the State does not have the right to appeal the Order in question because Section 924.07, Florida Statutes (2002), does not permit an appeal of this Order. We disagree. As stated by the First District in Department of Juvenile Justice v. J.R., 710 So.2d 211, 213 (Fla. 1st DCA 1998):

In fact, the Florida Department of…