RICHARD LEE BOWMAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The application of Section 27.3455, Florida Statutes (1985) to crimes committed prior to its effective date violates ex post facto provisions.
The defendant was sentenced after the effective date of Section 27.3455, Florida Statutes (1985), which allows for court costs and community service i…
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DANAHY, Chief Judge.
The defendant challenges that part of his sentence which imposes court costs of $200 and then requires the defendant to perform community service work in lieu of the court costs because the defendant is indigent.
Section 27.3455, Florida Statutes (1985), became effective July 1, 1985. It permits the imposition of court costs in the amount of $200 and further permits a trial court to sentence a person whom it determines to be indigent to a term of community service in lieu of the costs prescribed in that section.
Although the defendant was sentenced after the effective date of the statute, the crimes for which he was being punished were committed prior to its effective date. The defendant’s first issue on appeal is that the application of the statute in sentencing for a crime committed prior to the effective date of the statute violates the ex post facto provisions of the constitutions of the United States and of the State of Florida. The same issue was raised in Yost v. State, 489 So. 2d 131 (Fla. 5th DCA 1986). In that case our sister court agreed with the ex post facto argument, but certified the question as follows:
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)?
We agree with the decision in Yost v. State and reverse that portion of the judgment in this case imposing court costs of $200. We also certify the above question to the Supreme Court of Florida as a question of great public importance.
SCHOONOVER and SANDERLIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (36 total)
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Stone v. State, 500 So. 2d 572 (Fla. 2d DCA 1986)…0.2D 1054 (FLA.1985)? The certified question in Yost is currently pending before the Florida Supreme Court. State v. Yost, No. 68,949 (Fla. June 19, 1986). Recently, this court certified an identical question concerning this issue. Bowman v. State, 495 So. 2d 868 (Fla. 2d DCA 1986). We follow the Bowman decision and reverse that portion of the judgment in this case imposing court costs of $200.00. We also certify the above question to the Florida Supreme Court as a question of great public importance. Stone…1 / 2
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Sescon v. State, 506 So. 2d 45 (Fla. 2d DCA 1987)…iomatic that the defendant could not object to something he did not know was being imposed. Therefore, we reach the defendant’s ex post facto argument on section 27.3455 costs. [*46] This court has previously decided this issue. See Bowman v. State, 495 So. 2d 868 (Fla. 2d DCA 1986); Maldonado v. State, 498 So. 2d 1057 (Fla. 2d DCA 1986). Accordingly, we vacate that portion of the judgment in this case imposing court costs pursuant to section 27.3455, Florida Statutes (1985). We also certify the question set…
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Amison v. State, 504 So. 2d 473 (Fla. 2d DCA 1987)…of costs. He first argues that the crime for which he was convicted occurred prior to July 1, 1985, and therefore the $200 imposed against him pursuant to section 27.3455, Florida Statutes (1985), is an ex post facto violation. See Bowman v. State, 495 So. 2d 868 (Fla. 2d DCA 1986); Yost v. State, 489 So. 2d 131 (Fla. 5th DCA 1986). Since appellant failed to raise this objection in the trial court, we decline to rule on this issue now. However, our holding is without prejudice to appellant raising this chall…
Previewing 3 of 36 citing cases — full citator treatment, depth of discussion, and citing context are member features.
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- State v. Jackson, 478 So. 2d 1054 (Fla. 1985)
- Yost v. State, 489 So. 2d 131 (Fla. 5th DCA 1986)