THOMAS MILLER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that applying section 27.3455, Florida Statutes (1985) to crimes committed before its effective date violates the ex post facto doctrine.
Appellant pled guilty to violating probation and was assessed a fine under section 27.3455. A corrected sentence allowed community service if the fine…
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UPCHURCH, Chief Justice.
Appellant Thomas Miller pled guilty to charges of violating probation. He was sentenced to three years in state prison and was assessed a fine of $200 under section 27.3455, Florida Statutes (1985). Miller was indigent. This court relinquished jurisdiction pursuant to a joint motion of the state and defendant to permit a corrected sentence to be entered. The corrected sentence provided that if the defendant was unable to pay his fine he would be allowed to perform community service upon his release. He appeals, contending that section 27.3455 cannot be applied to crimes committed before July 1, 1985, its effective date, because it violates the 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 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)?
REVERSED.
SHARP and COWART, JJ., concur. . In this case, the crime was committed December 1, 1983.
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State v. Yost, 507 So. 2d 1099 (Fla. 1987)…nd for further proceedings consistent with this opinion. 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 T…
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Stone v. State, 500 So. 2d 572 (Fla. 2d DCA 1986)…ate, 497 So. 2d 931 (Fla. 2d DCA 1986); Bowman v. State, 495 So. 2d 868 (Fla. 2d DCA 1986); Bennett v. State, 495 So. 2d 239 (Fla. 5th DCA 1986); Slaughter v. State, 493 So. 2d 1109 (Fla. 1st DCA 1986) [consolidating sixteen 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…
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Stanley v. State, 507 So. 2d 1131 (Fla. 5th DCA 1987)…ED. ORFINGER, J., concurs. SHARP, J., dissents with opinion. . Stanley was charged by information on November 21, 1984. . Gordon v. State, 497 So. 2d 661 (Fla. 5th DCA 1986); Bennett v. State, 495 So. 2d 239 (Fla. 5th DCA 1986); Miller v. State, 492 So. 2d 1191 (Fla. 5th DCA 1986); Fletcher v. State, 491 So. 2d 354 (Fla. 5th DCA), review denied, 500 So. 2d 545 (Fla.1986); Yost v. State, 489 So. 2d 131 (Fla. 5th DCA 1986).…1 / 2
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Jackson, 478 So. 2d 1054 (Fla. 1985)
- Yost v. State, 489 So. 2d 131 (Fla. 5th DCA 1986)
- Wanita Robinson v. State, 488 So. 2d 925 (Fla. 5th DCA 1986)
- Seoane v. State, 491 So. 2d 594 (Fla. 3d DCA 1986)
- McDOWELL v. State, 491 So. 2d 594 (Fla. 5th DCA 1986)