WANITA ROBINSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1986-05-29
No. 85-1275
COBB, C.J., and ORFINGER, J., concur.
488 So. 2d 925 Florida District Court of Appeal, Fifth District (1986) Negative Treatment
Cited by 20 cases
Topics
Procedural Change Ex Post Facto Provisions

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Opinion of the Court
DAUKSCH, Judge.

DAUKSCH, Judge.

This is an appeal from a sentence imposing court costs, in addition to other penalties. The issue in this case is the same as that in Yost v. State, 489 So. 2d 181 (Fla. 5th DCA 1986) so our disposition is the same. That portion of the judgment imposing court costs is reversed, the rest of the judgment is affirmed and we certify to the Supreme Court the following question is of great public importance.

DOES THE APPLICATION OF SECTION 27.3455, FLORIDA STATUTES (1985) TO CRIMES COMMITTED PRIOR TO THE EFFECTIVE DATE OF THE STATUTE VIOLATE THE EX POST FACTO PROVISIONS OF THE CONSTITUTIONS OF THE UNITED STATES AND OF THE STATE OF FLORIDA, OR DOES THE STATUTE MERELY EFFECT A PROCEDURAL CHANGE AS IS PERMITTED UNDER STATE V. JACKSON, 478 So. 2d 1054 (Fla.1985)?

AFFIRMED in part; REVERSED in part.

COBB, C.J., and ORFINGER, J., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Stone v. State, 500 So. 2d 572 (Fla. 2d DCA 1986)
    …1986); Moseley v. State, 491 So. 2d 336 (Fla. 3d DCA 1986); McDowell v. [*574] State, 491 So. 2d 594 (Fla. 5th DCA 1986); Freeney v. State, 493 So. 2d 9 (Fla. 5th DCA 1986); Williams v. State, 492 So. 2d 1098 (Fla. 5th DCA 1986); Robinson v. State, 488 So. 2d 925 (Fla. 5th DCA 1986); Yost v. State, 489 So. 2d 131 (Fla. 5th DCA 1986).…
  • Gordon v. State, 497 So. 2d 661 (Fla. 5th DCA 1986)
    …489 So. 2d 131 (Fla. 5th DCA 1986), we held that court costs imposed under section 27.3455 for crimes committed prior to July 1, 1985, violated the ex post facto provisions of the United States and Florida Constitutions.1 See also Robinson v. State, 488 So. 2d 925 (Fla. 5th DCA 1986). We again certify to the Supreme Court of Florida the following question of great [*662] public importance, which was also certified in Yost and Robinson: DOES THE APPLICATION OF SECTION 27.3455, FLORIDA STATUTES (1985) TO CRIME…
  • Miller v. State, 492 So. 2d 1191 (Fla. 5th DCA 1986)
    …e ex post facto doctrine.1 In recent decisions, we have held that this section cannot be applied retroactively. See Gordon v. State, No. 85-1693 (Fla. 5th DCA Aug. 14, 1986); McDowell v. State, 491 So. 2d 594 (Fla. 5th DCA 1986); Robinson v. State, 488 So. 2d 925 (Fla. 5th DCA 1986); Yost v. State, 489 So. 2d 131 (Fla. 5th DCA 1986). Based on those decisions, we reverse the portion of Miller’s sentence requiring community service under section 27.3455, and we again certify the question: DOES THE APPLICATIO…

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