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491 So. 2d 336

491 So.2d 336

11 Fla.L.Weekly 1597

Docket No. 85-2251.

Moseley v. State

Bernard MOSELEY, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided July 22, 1986.

District Court of Appeal of Florida · decided 1986-07-22

Cited by 7 later decisions — most recently September 1987

7 state decisions

Key passage — most relied on by later courts

““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)?””

quoted by 2 later decisions, including 497 So. 2d 919 - McMath v. State, 503 So. 2d 907 - Goldwire v. State

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

Good law ✅— No negative treatment on recordhow we know

Decided 1986-07-22

View the full empirical analysis of this case →

¶1Bennett H. Brummer, Public Defender and N. Joseph Durant, Jr., Asst. Public Defender, for appellant.

¶2Jim Smith, Atty. Gen. and Steven T. Scott, Asst. Atty. Gen., for appellee.

¶3Before SCHWARTZ, C.J., and BARKDULL and HUBBART, JJ.

¶4PER CURIAM.

¶5Moseley appeals his sentence of 40 hours of community service in lieu of costs.

¶6On May 18, 1985, Moseley committed an aggravated battery. On September 3, 1985, he pled guilty to said charge and was sentenced to 18 months community control and 40 hours of community service in lieu of $200.00 costs per Section 27.3455, Florida Statutes, effective date, July 1, 1985. We reverse because of the reasons expressed by the Fifth District Court of Appeal in an opinion authored by Judge Orfinger *337 found in Yost v. State,489 So.2d 131 (Fla. 5th DCA 1986), and certify the same question to the Supreme Court of Florida:

"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)?"

¶7Therefore the sentence of 40 hours of community service in lieu of costs be and the same is hereby reversed.

¶8Reversed and remanded. Question certified.

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