STEVE E. YABLONSKI, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Court reversed the community service sentence imposed under section 27.3455 as an ex post facto violation because the crime was committed before the statute's effective date, but rejected the equal protection challenge.
Section 27.3455, Florida Statutes, violates the ex post facto clause when applied to crimes committed before the statute's effective date.
[1] Section 27.3455, Florida Statutes, violates the ex post facto clause of the United States and Florida Constitutions when applied to crimes committed before the statute's…
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Join FLexlaw to unlock all legal intelligenceYablonski was convicted of a crime committed before section 27.3455 became effective and was sentenced to sixty hours of community service in lieu of …
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HALL, Judge.
Steve Yablonski appeals that part of his sentence ordering him to perform sixty hours of community service in lieu of paying court costs of $200 pursuant to section 27.3455, Florida Statutes (1985), because he is indigent. Yablonski argues that as applied to him section 27.3455 violates the ex post facto provisions of the United States and Florida Constitutions because the crime for which he was convicted was committed before the effective date of the stat ute. We agree, and we again follow Bowman v. State, 495 So. 2d 868 (Fla. 2d DCA 1986), and reverse that part of Yablonski’s sentence requiring him to perform sixty hours of community service in lieu of paying court costs of $200 pursuant to section 27.3455. We again certify the question set out in Bowman to the Florida Supreme Court as a question of great public importance.
Yablonski also argues that section 27.3455 is unconstitutional as applied to any defendant because it violates the equal protection provisions of the constitutions of the United States and the state of Florida. We have previously rejected this argument. Johnson v. State, 495 So. 2d 188 (Fla. 2d DCA 1986). Community service is not a form of incarceration and therefore does not violate the prohibition against incarceration solely on the basis of indigency. Id.
Reversed and remanded with directions consistent with this opinion.
SCHEB, A.C.J., concurs.
RYDER, J., concurs specially.
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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Citator
Cited By
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State v. Bowman, 509 So. 2d 929 (Fla. 1987)…question in the affirmative and approve the decisions 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…
Authorities Cited
- Bowman v. State, 495 So. 2d 868 (Fla. 2d DCA 1986)
- Johnson v. State, 495 So. 2d 188 (Fla. 2d DCA 1986)
- Stone v. State, 500 So. 2d 572 (Fla. 2d DCA 1986)