STATE OF FLORIDA, PETITIONER,
v.
RICHARD LEE BOWMAN, RESPONDENT; STATE OF FLORIDA, PETITIONER, V. TED FITTE, RESPONDENT; STATE OF FLORIDA, PETITIONER, V. GARY LEE BAKER, RESPONDENT; STATE OF FLORIDA, PETITIONER, V. QUIRINO MALDONADO, RESPONDENT; STATE OF FLORIDA, PETITIONER, V. JOYCE ATYEO, RESPONDENT; STATE OF FLORIDA, PETITIONER, V. STEVE E. YABLONSKI, RESPONDENT; STATE OF FLORIDA, PETITIONER, V. MICHAEL K. MONROE, RESPONDENT

Fla. | 1987-07-09
Nos. 69633, 69853, 69835, 69894, 69943, 70079 and 70080
MCDONALD, C.J., and OVERTON, EHRLICH, SHAW, BARKETT and KOGAN, JJ., concur.
509 So. 2d 929 Florida Supreme Court (1987) Caution
Cited by 5 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

We have jurisdiction to review seven consolidated cases * which certify as a question of great public importance whether application of the penalty provisions 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 United States and Florida Constitutions. Art. V, § 3(b)(4), Fla. Const. We answer the 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. 2d 1057 (Fla. 2d DCA 1986); Bowman v. State, 495 So. 2d 868 (Fla. 2d DCA 1986).


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  • Morganti v. State, 573 So. 2d 820 (Fla. 1991)
    …rt as a habitual offender, receiving a sentence of thirty years in prison. The district court of appeal reversed and remanded, Morganti v. State, 498 So. 2d 557 (Fla. 4th DCA 1986), and we approved the district court’s decision in State v. Morganti, 509 So. 2d 929 (Fla.1987). On remand, the trial court sentenced Morganti to fifteen years’ incarceration. The district court of appeal affirmed, Morganti v. State, 510 So. 2d 1182 (Fla. 4th DCA 1987), but we reversed and remanded for resentencing within the guidel…
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    …idelines. Whitehead v. State, 498 So. 2d 863 (Fla.1986). On November 26, 1986, this Court affirmed appellant’s conviction, but reversed the sentence based upon Whitehead, and remanded. Morganti v. State, 498 So. 2d 557 (Fla. 4th DCA 1986), approved, 509 So. 2d 929 (Fla.1987). On remand, the trial court again departed from the Guidelines, stating as its reasons that appellant had violated his probation within 92 days of having been placed on probation, after having been incarcerated for thirteen months; and t…
  • State v. Williams, 538 So. 2d 1346 (Fla. 4th DCA 1989)
    …rrest —A warrantless search must be within the immediate control of a person ydio has been lawfully arrested. State v. Skofstad, 498 So. 2d 582 (Fla. 4th DCA 1986), review denied, 506 So. 2d 1043 (Fla.1987). 4. Plain View Seizure—Morganti v. State, 509 So. 2d 929 (Fla.1987). 5. Hot Pursuit—Warden v. Hayden, 387 U.S. 294, 87 S.Ct. 1642, 18 L.Ed.2d 782 (1967). 6. Emergency Situation Threatening the Destruction of Evidence—Schmerber v. California, 384 U.S. 757, 86 S.Ct. 1826, 16 L.Ed.2d 908 (1966). 7. Stop a…

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