VICTOR A. BELLO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
VICTOR A. BELLO, APPELLANT,
STATE OF FLORIDA, APPELLEE
497 So. 2d 1346
Florida District Court of Appeal, Fifth District (1986)
Positive Treatment
Cited by 2 cases
Topics
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Opinion of the Court
ORFINGER, Judge.
We affirm the judgments and sentences appealed from except for the imposition upon this indigent defendant of 50 hours of community service in lieu of $200 costs. The crimes for which appellant was convicted were committed in January, 1984, and we have held that the application of section 27.3455, Florida Statutes (1985) to crimes committed before that section’s effective date violates constitutional ex post facto restrictions. See Yost v. State, 489 So. 2d 131 (Fla. 5th DCA 1986). As we did in Yost, we certify to the Florida supreme court the following question 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. Community service requirement VACATED.
COBB and SHARP, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Givens v. State, 501 So. 2d 758 (Fla. 5th DCA 1987)…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)? See also Fowler v. State, 498 So. 2d 1014 (Fla. 5th DCA 1986); Bello v. State, 497 So. 2d 1346 (Fla. 5th DCA 1986); Robinson v. State, 488 So. 2d 925 (Fla. 5th DCA 1986). The state argues that this issue as not been preserved for review due to appellant’s failure to contemporaneously object. This question was answered by this court in Webber…
Authorities Cited
- State v. Jackson, 478 So. 2d 1054 (Fla. 1985)
- Yost v. State, 489 So. 2d 131 (Fla. 5th DCA 1986)