MICHAEL K. MONROE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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SCHEB, Acting Chief Judge.
Defendant Michael K. Monroe was convicted and sentenced for possession of cocaine. On appeal he raises three points. We find merit only to his contention that the trial judge erred by imposing costs against him pursuant to section 27.3455, Florida Statutes (1985). The defendant committed the offense on April 25, 1985; however, section 27.3455 did not become effective until July 1, 1985. Therefore, the imposition of these costs violated the ex post facto provisions of the Constitutions of the United States and the State of Florida. Bowman v. State, 495 So. 2d 868 (Fla. 2d DCA 1986); Bago v. State, 498 So. 2d 584 (Fla. 2d DCA 1986).
Accordingly, we reverse the trial court’s imposition of these costs. Furthermore, as we did in Bowman, we again certify this question to the Supreme Court of Florida as a question of great public importance.
HALL, J., concurs.
RYDER, J., specially concurs.
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).
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Cited By
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State v. Bowman, 509 So. 2d 929 (Fla. 1987)…s below on the authority of State v. Yost, 507 So. 2d 1099 (Fla.1987). It is so ordered. MCDONALD, C.J., and OVERTON, EHRLICH, SHAW, BARKETT and KOGAN, JJ., concur. * Yablonski v. State, 502 So. 2d 1285 (Fla. 2d DCA 1987); Monroe v. State, 502 So. 2d 981 (Fla. 2d DCA 1987); Atyeo v. State, 500 So. 2d 591 (Fla. 2d DCA 1986); Fitte v. State, 499 So. 2d 28 (Fla. 2d DCA 1986); Baker v. State, 499 So. 2d 15 (Fla. 2d DCA 1986); Maldonado v. State, 498 So. 2d 1057 (Fla. 2d DCA 1986); Bowman v. State, 495 S…
Authorities Cited
- Bowman v. State, 495 So. 2d 868 (Fla. 2d DCA 1986)
- Stone v. State, 500 So. 2d 572 (Fla. 2d DCA 1986)
- Rago v. State, 498 So. 2d 584 (Fla. 2d DCA 1986)