BERNARD MOSELEY, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Moseley appeals his sentence of 40 hours of community service in lieu of costs.
On May 18, 1985, Moseley committed an aggravated battery. On September 3, 1985, he pled guilty to said charge and was sentenced to 18 months community control and 40 hours of community service in lieu of $200.00 costs per Section 27.3455, Florida Statutes, effective date, July 1, 1985. We reverse because of the reasons expressed by the Fifth District Court of Appeal in an opinion authored by Judge Or- finger found in Yost v. State, 489 So. 2d 131 (Fla. 5th DCA 1986), and certify the same question to the Supreme Court of Florida:
“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)?”
Therefore the sentence of 40 hours of community service in lieu of costs be and the same is hereby reversed.
Reversed and remanded. Question certified.
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State v. Yost, 507 So. 2d 1099 (Fla. 1987)…. It is so ordered. MCDONALD, C.J„ and OVERTON, EHRLICH, BARKETT and KOGAN, JJ., concur. . The four consolidated cases are Freeney v. State, 493 So. 2d 9 (Fla. 5th DCA 1986); Miller v. State, 492 So. 2d 1191 (Fla. 5th DCA 1986); Moseley v. State, 491 So. 2d 336 (Fla. 3d DCA 1986); Yost v. State, 489 So. 2d 131 (Fla. 5th DCA 1986). The certified question is: 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 F…
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Stone v. State, 500 So. 2d 572 (Fla. 2d DCA 1986)…teen cases]; Miller v. State, 492 So. 2d 1191 (Fla. 5th DCA 1986); Gordon v. State, 497 So. 2d 661 (Fla. 5th DCA 1986); Williams v. State, 492 So. 2d 784 (Fla. 5th DCA 1986); Signorelli v. State, 491 So. 2d 349 (Fla. 4th DCA 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…
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Goldwire v. State, 503 So. 2d 907 (Fla. 3d DCA 1986)…PER CURIAM. Based on the controlling authority of Moseley v. State, 491 So. 2d 336 (Fla. 3d [*908] DCA 1986), and Yost v. State, 489 So. 2d 131 (Fla. 5th DCA 1986), we affirm the order placing the defendant John Goldwire on probation for a period of eighteen months — except for the special condition of probation that the said defe…
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- State v. Jackson, 478 So. 2d 1054 (Fla. 1985)
- Yost v. State, 489 So. 2d 131 (Fla. 5th DCA 1986)