JERRY LEE GORDON, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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.
The court affirmed the sentence regarding credit for time served but reversed the portion requiring community service in lieu of costs for an indigent defendant.
Appellant was sentenced in a criminal case and required to perform community service in lieu of costs due to indigence.…
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.
Explore caselaw by topic → Browse Community Service In Lieu Of Costs cases and more on FLexlaw
DAUKSCH, Judge.
This is an appeal from a sentence in a criminal case. Appellant has not demonstrated error in the question involving whether proper credit for time served was given so we affirm the sentence as to that point.
As a part of his sentence the court required appellant to perform certain community service in lieu of costs because he is indigent. We have held that statutes cannot be retroactively applied because to do so violates the state and federal constitutions regarding ex post facto punishment. We certify to the supreme court the same question we certified in Yost v. State, 489 So. 2d 131 (Fla. 5th DCA 1986):
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)?
The sentence is affirmed except that portion which requires community service.
It is so ordered.
ORFINGER and SHARP, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Jackson, 478 So. 2d 1054 (Fla. 1985)
- Yost v. State, 489 So. 2d 131 (Fla. 5th DCA 1986)