BENJAMIN JONES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1986-12-17
No. 86-24
GRIMES, A.C.J., and HALL, J., concur., RYDER, J., specially concurs.
498 So. 2d 1359 Florida District Court of Appeal, Second District (1986) Caution
Cited by 12 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Benjamin Jones was convicted of cocaine possession after police found the drug on him following a tip from a confidential informant. The Florida appellate court affirmed his conviction and the validity of the search, but reversed the imposition of court costs retroactively applied under a statute with an ex post facto violation, and remanded for resentencing due to sentences exceeding statutory maximums and failure to specify jail credit.


Holding

The court affirmed that the search was valid based on probable cause from a reliable confidential informant's specific description, reversed the imposition of court costs as violating ex post facto restrictions, and remanded for resentencing because the sentences exceeded the five-year statutory maximum for third degree felonies and the trial court failed to specify jail credit.


Headnotes

[1] A confidential informant's tip, corroborated by specific details about the suspect's appearance, clothing, location, and the precise location of contraband, can establish…

[2] A statute imposing court costs is unconstitutional as applied when the offense occurred before the statute's effective date, violating ex post facto provisions.

Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.

Join FLexlaw to unlock all legal intelligence

Key Quotes

“The confidential informant's description of appellant was specific enough to give the officer probable cause.”

Establishes that the informant's tip provided sufficient probable cause for the search

Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

On June 15, 1984, a Manatee County Sheriff's officer received information from a confidential informant that a black male was selling cocaine at a spe…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant was adjudicated guilty of and sentenced for a charge of possession of cocaine. He appeals the denial of his motion to suppress evidence and the sentence imposed by the court. We affirm in part and reverse in part.

On June 15,1984, an officer of the Manatee County Sheriff’s Office received information from a confidential informant. The informant told the officer that he had observed a black male selling cocaine at a specific bar, described the male’s clothing as being all white and stated the cocaine could be found in the man’s right front shirt pocket. The officer responded to the bar but found no one matching the description. While at the bar, the officer was notified of a second call from the same informant advising him that the seller of cocaine changed locations and was in a different bar. The officer proceeded to the second bar and located appellant in the bar’s restroom. Appellant was wearing a white shirt, a white hat and white pants. The officer searched appellant and found four tin foil packets of cocaine in appellant’s right front shirt pocket. Appellant was then arrested. Appellant filed a motion to suppress evidence which the trial court denied after a hearing. Appellant then entered a plea of nolo contendere to the charge of possession of cocaine. He also admitted to being in violation of his probation on three éarlier crimes. The court found appellant in violation of his probation and sentenced him to concurrent five-and-one-half year terms on all four charges. The court allowed credit for all time previously served on the charges but did not specify the number of days. In addition, court costs of $200.00 were imposed pursuant to section 27.3455, Florida Statutes (1985).

Appellant raises four points on appeal. His first point is that the trial court erred in denying his motion to suppress. We disagree. The confidential informant’s description of appellant was specific enough to give the officer probable cause. Dixon v. State, 343 So. 2d 1345, 1348 (Fla. 2d DCA 1977). The confidential informant had been used previously and had been found to be reliable. The tip informed the officer that the person was a black male at a specific bar, dressed in specific clothing (a white shirt, white pants and a white hat), and gave a specific location of the cocaine. The second call also indicated a specific bar. Both the detention and search of appellant were lawful.

Appellant’s second point is that the court’s imposition of court costs pursuant to section 27.3455 is unconstitutional as applied to him because it violates the ex post facto provisions of the Florida and United States Constitutions. The crime of which Jones was convicted occurred on June 15, 1984. Section 27.3455 became effective July 1, 1985. This issue has been repeatedly raised in this district, and this court has consistently held that the statute violates ex post facto restrictions when applied to an offense committed previous to the effective date of the statute. Bowman v. State, 495 So. 2d 868 (Fla. 2d DCA 1986). We follow the Bowman decision and its progeny and reverse that portion of the judgment in this case imposing court costs of $200.00. We also certify in this case the question set out in Bowman to the Florida Supreme Court as a question of great public importance. Appellant’s equal protection challenge to section 27.3455, Florida Statutes (1985), is without merit. Johnson v. State, 495 So. 2d 188 (Fla. 2d DCA 1986).

Appellant’s third point on appeal is that the five-and-one-half year sentences for the offenses of aggravated assault and possession of a controlled substance (two of the offenses for which the probation was revoked) were in excess of the statutory máximums as allowed by law. Both are third degree felonies and are punishable by a term of imprisonment not to exceed five years. § 775.082(3)(d), Fla.Stat. (1985). We agree. Accordingly, we set aside the sentences imposed and remand the case with instructions for the trial court to impose an appropriate sentence within the statutory maximum.

Appellant’s last point on appeal is that although the trial court stated appellant would receive credit for all time served, the court failed to set forth the period of jail credit. A review of the record indicates that the sentence for Case No. 84-875F specifically states credit for time served. However, the concurrent sentences in Case No. 82-1124F do not-specifically state credit for time served. We remand this case with instructions that the court specifically set forth the amount of jail credit for all sentences imposed. § 921.161(1), Fla.Stat. (1985). Brooker v. State, 362 So. 2d 697 (Fla. 2d DCA 1978).

Conviction affirmed; sentence vacated in part, and remanded with instructions.

GRIMES, A.C.J., and HALL, J., concur. RYDER, J., specially concurs.

Concurrence
RYDER, Judge,

RYDER, Judge,

specially concurring.

I concur with the result of this panel, but incorporate by reference my specially concurring opinion in Stone v. State, 500 So. 2d 572 (Fla. 2d DCA 1986) as to the ex post facto argument concerning section 27.3455, Florida Statutes (1985).


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Cunningham v. State, 591 So. 2d 1058 (Fla. 2d DCA 1991)
    …anyway because appellant had previously been told that an officer could search his car after an arrest. A small piece of rock cocaine was found in appellant’s car. The trial judge denied appellant’s motion to suppress, relying upon Jones v. State, 498 So. 2d 1359 (Fla. 2d DCA 1986), finding that the police had probable cause to believe appellant was in possession of cocaine based upon sufficient verification of the information received from the anonymous tipster. This case illustrates well a growing concern…
  • Elroy C. Coby v. State, 503 So. 2d 372 (Fla. 2d DCA 1987)
    …d 1985 offenses occurred prior to July 1,1985, the effective date of section 27.3455. This court has repeatedly held that section 27.3455 cannot constitutionally be applied to a crime committed prior to this section’s effective date. Jones v. State, 498 So. 2d 1359 (Fla. 2d DCA 1986). We reverse that portion of the judgment which imposes costs of $200.00 and re-certify the question set out in Bowman v. State, 495 So. 2d 868 (Fla. 2d DCA 1986), to the Florida Supreme Court as one of great public importance. C…
  • Fortney v. State, 510 So. 2d 967 (Fla. 5th DCA 1987)
    …combined with Jacobs’ observations of Fortney’s attempt to conceal something in his hand, established a reasonable basis to believe that Fortney had committed or was committing a felony or misdemeanor in the presence of the officers. Jones v. State, 498 So. 2d 1359 (Fla. 2d DCA 1986); State v. Gennari, 451 So. 2d 1063 (Fla. 5th DCA 1984); § 901.15, Fla. Stat. (1985). The timing of the discovery of the cocaine — before making the actual arrest — is not, under these circumstances, a defect requiring suppression…
    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 intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw