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488 So. 2d 925

488 So.2d 925

11 Fla.L.Weekly 1209

Docket No. 85-1275.

Robinson v. State

Wanita ROBINSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida · decided 1986-05-29

Relies on 478 So. 2d 1054 - State v. Jackson · 489 So. 2d 131 - Yost v. State

Decided 1986-05-29

¶1James B. Gibson, Public Defender, and Daniel Schafer, Asst. Public Defender, Daytona Beach, for appellant.

¶2Jim Smith, Atty. Gen., Tallahassee, and Paula C. Coffman, Asst. Atty. Gen., Daytona Beach, for appellee.

¶3DAUKSCH, Judge.

¶4This is an appeal from a sentence imposing court costs, in addition to other penalties. The issue in this case is the same as that in Yost v. State, 489 So.2d 131 (Fla. 5th DCA 1986) so our disposition is the same. That portion of the judgment imposing court costs is reversed, the rest of the judgment is affirmed and we certify to the Supreme Court the following question is of great public importance.

DOES THE APPLICATION 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 CONSTITUTIONS OF THE UNITED STATES AND OF THE STATE OF FLORIDA, OR DOES THE STATUTE MERELY EFFECT A PROCEDURAL CHANGE AS IS PERMITTED UNDER STATE V. JACKSON, 478 So.2d 1054 (Fla. 1985)?

¶5AFFIRMED in part; REVERSED in part.

¶6COBB, C.J., and ORFINGER, J., concur.

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