BENNIE FRANK WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
BENNIE FRANK WILLIAMS, APPELLANT,
STATE OF FLORIDA, APPELLEE
492 So. 2d 1098
Florida District Court of Appeal, Fifth District (1986)
Positive Treatment
Cited by 4 cases
Opinion of the Court
DAUKSCH, Judge.
This is an appeal from sexual battery and kidnapping convictions. We affirm the convictions but sua sponte vacate that portion of the sentence which requires costs of $200.00 to be paid. See Yost v. State, 489 So. 2d 131 (Fla. 5th DCA 1986).
CONVICTION AFFIRMED; SENTENCE MODIFIED AS TO COSTS ONLY.
COBB and COWART, JJ., concur.
Other
ON MOTION FOR REHEARING
DAUKSCH, Judge.
We certify to the supreme court the following question to be 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 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)?
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Stone v. State, 500 So. 2d 572 (Fla. 2d DCA 1986)…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 v. State, 489 So. 2d 131 (Fla. 5th DCA 1986).…
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State v. Bennie Frank Williams, 509 So. 2d 926 (Fla. 1987)…PER CURIAM. We review Williams v. State, 492 So. 2d 1098 (Fla. 5th DCA 1986), to answer the certified question of whether retroactive application of the penalty provisions of section 27.3455, Florida Statutes (1985), violates the ex post facto provisions of the United States and Florida Constitutions. Art…
Authorities Cited
- State v. Jackson, 478 So. 2d 1054 (Fla. 1985)
- Yost v. State, 489 So. 2d 131 (Fla. 5th DCA 1986)