STATE OF FLORIDA, PETITIONER,
v.
BENNIE FRANK WILLIAMS, RESPONDENT; BENNIE FRANK WILLIAMS, PETITIONER, V. STATE OF FLORIDA, RESPONDENT

Fla. | 1987-07-09
Nos. 69317, 69307
McDonald, C.J., and OVERTON, EHRLICH, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.
509 So. 2d 926 Florida Supreme Court (1987) Positive Treatment
Cited by 3 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We review Williams v. State, 492 So. 2d 1098 (Fla. 5th DCA 1986), to answer the certified question of whether retroactive application of the penalty provisions of section 27.3455, Florida Statutes (1985), violates the ex post facto provisions of the United States and Florida Constitutions. Art. V, § 3(b)(4), Fla. Const. We answer in the affirmative and approve the decision 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, GRIMES and KOGAN, JJ., concur.


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  • Harriel v. State, 520 So. 2d 271 (Fla. 1988)
    …PER CURIAM. We have for review Harriel v. State, 508 So. 2d 509 (Fla. 4th DCA 1987), because of express and direct conflict with Ramsey v. State, 507 So. 2d 742 (Fla. 2d DCA 1987), and Webber v. State, 497 So. 2d 995 (Fla. 5th DCA 1986), approved, 509 So. 2d 926 (Fla.1987). We have jurisdiction pursuant to article V, section 3(b)(3), Florida Constitution. The district court held that the petitioner could not attack on appeal the imposition of costs assessed under section 27.3455, Florida Statutes (1985),…
  • Williams v. State, 516 So. 2d 975 (Fla. 5th DCA 1987)
    …ed is error of such fundamental nature as is correctable on appeal without an objection below (see Givens v. State, 501 So. 2d 758 (Fla. 5th DCA), rev. denied, 511 So. 2d 999 (Fla.1987); Webber v. State, 497 So. 2d 995 (Fla. 5th DCA 1986), approved, 509 So. 2d 926 (Fla.1987)), and must be reversed “in the interest of justice” (see Tibbs v. State, 397 So. 2d 1120 (Fla.1981), affirmed, 457 U.S. 31, 102 S.Ct. 2211, 72 L.Ed.2d 652 (1982)). Alternatively, if necessary to do justice, we would treat this appeal as a…
  • Cresswell v. State, 524 So. 2d 685 (Fla. 5th DCA 1988)
    …PER CURIAM. We affirm the conviction herein but remand for deletion of the costs assessed pursuant to section 27.3455(1), Florida Statutes (1985). See Webber v. State, 497 So. 2d 995 (Fla. 5th DCA 1986), affirmed, 509 So. 2d 926 (Fla.1987). ORFINGER, J., concurs. COBB, J., concurs specially with opinion. DAUKSCH, J., dissents in part with opinion.…

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