JACK ERNSBERGER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1987-08-26
No. 86-273
SCHEB, A.C.J., and SCHOONOVER J., concur.
511 So. 2d 734 Florida District Court of Appeal, Second District (1987) Positive Treatment
Cited by 4 cases

Opinion of the Court
THREADGILL, Judge.

THREADGILL, Judge.

Jack Ernsberger appeals the denial of his motion to dismiss an information and the imposition of court costs.

We affirm the trial court’s denial of the motion to dismiss but find error in the imposition of court costs. The written judgment imposes costs of $200.00 pursuant to section 27.3455, Florida Statutes (1985). This section became effective July 1, 1985. As the offense occurred before that date, the imposition of these costs violates the ex post facto clause of both the United States and the Florida constitutions. State v. Yost, 507 So. 2d 1099 (Fla.1987).

We therefore strike these costs from the judgment.

Affirmed.

SCHEB, A.C.J., and SCHOONOVER J., concur.


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  • State v. McMULLEN, 529 So. 2d 821 (Fla. 3d DCA 1988)
    …ines, it is eminently clear that the first three summarized grounds for departing from the guidelines were error. To begin with, the absence of criminal involvement for a period of time is not a valid reason for a sentence departure. State v. Green, 511 So. 2d 734 (Fla. 2d DCA 1987); State v. Cande, 473 So. 2d 1362 (Fla. 3d DCA 1985). Indeed, the complete absence of a prior record does not afford such a basis since the absence is already factored into the presumptive sentencing guidelines. Sanders v. State, 5…
  • State v. Chapman, 805 So. 2d 906 (Fla. 2d DCA 2001)
    …has had no arrests since 1994, the trial court’s third reason for departing downward, is not a valid reason for departure because it is considered when scoring the sentencing guidelines. State v. Sachs, 526 So. 2d 48, 50 (Fla.1988); State v. Green, 511 So. 2d 734, 735 (Fla. 2d DCA 1987). Similarly, the fact that the DUI did not result in any personal injury does not support a downward departure because personal injury is taken into account by the guidelines. See Sachs, 526 So. 2d at 50; see also § 921.0024,…
  • State v. Raskiewicz, 541 So. 2d 1217 (Fla. 2d DCA 1989)
    …ation of law. ” The trial court appears to have attached significance to the fact Raskiewicz committed no additional crimes after he was placed on probation. Absence of criminal activity is an invalid reason for a sentence departure. State v. Green, 511 So. 2d 734 (Fla. 2d DCA 1984). The guideline scoresheet takes into consideration any such misconduct or lack thereof. Sanders v. State, 510 So. 2d 296 (Fla.1987). We reverse the trial court’s order restoring Raskiewicz to probation with special conditions and…

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