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495 So. 2d 188

Docket No. 85-2166.

Johnson v. State

Henry Lee JOHNSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided July 9, 1986.

District Court of Appeal of Florida · decided 1986-10-03

Cited by 22 later decisions — most recently May 1994

22 state decisions

Key passage — most relied on by later courts

““Indigent Henry Lee Johnson appeals an order requiring him to perform sixty hours of community service in lieu of paying a fine of $200.00 in costs after he received a guidelines sentence of five years in the state prison for attempted burglary of a dwelling. “Johnson claims that section 27.3455, Florida Statutes (1985), which authorizes a court to impose such service in lieu of a fine, is unconstitutional in that it violates the Equal Protection Clause of the Fourteenth Amendment of the Constitution of the United States. Johnson draws our attention to Williams v. Illinois, 399 U.S. 235 , 90 S. Ct. 2018 , 26 L. Ed. 2d 586 (1970) and tells us Williams prohibits incarceration solely because one is indigent. The concept and the program of community service is, however, not one requiring incarceration. It is a means through which the state meets its goals of punishment and deterrence as is permitted under Bearden v. Georgia, 461 U.S. 660 , 103 S. Ct. 2064 , 76 L. Ed. 221 (1983). “We hold section 27.3455, Florida Statues (1985), and section 948.031, Florida Statutes (1983), constitutional and, thus, affirm.””

quoted by 1 later decision, including City of Wichita v. Lucero

Relies on Bearden v. Georgia · Williams v. Illinois · 443 So. 2d 484 - Springfield v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1986-10-03

View the full empirical analysis of this case →

On Motion for Rehearing October 3, 1986.

¶1James Marion Moorman, Public Defender and Paul C. Helm, Asst. Public Defender, Bartow, for appellant.

¶2Jim Smith, Atty. Gen., Tallahassee and Theda R. James, Asst. Atty. Gen., Tampa, for appellee.

¶3RYDER, Judge.

¶4Indigent Henry Lee Johnson appeals an order requiring him to perform sixty hours of community service in lieu of paying a fine of $200.00 in costs after he received a guidelines sentence of five years in the state prison for attempted burglary of a dwelling.

¶5Johnson claims that section 27.3455, Florida Statutes (1985), which authorizes a court to impose such service in lieu of a fine, is unconstitutional in that it violates the Equal Protection Clause of the Fourteenth Amendment of the Constitution of the United States. Johnson draws our attention to Williams v. Illinois, 399 U.S. 235, 90 S.Ct. 2018, 26 L.Ed.2d 586 (1970) and tells us Williams prohibits incarceration solely because one is indigent. The concept and the program of community service is, however, not one requiring incarceration. It is a means through which the *189 state meets its goals of punishment and deterrence as is permitted under Bearden v. Georgia, 461 U.S. 660, 103 S.Ct. 2064, 76 L.Ed. 221 (1983).

¶6We hold section 27.3455, Florida Statutes (1985), and section 948.031, Florida Statutes (1983), constitutional and, thus, affirm.

¶7Affirmed.

¶8GRIMES, A.C.J., and SANDERLIN, J., concur.

¶9

ON MOTION FOR REHEARING

¶10PER CURIAM.

¶11Upon consideration, appellant's motion for rehearing is denied. Appellant raises the issue that section 27.3455, Florida Statutes (1985), violates ex post facto restrictions of the United States and Florida Constitutions as applied to him. The crime of which he was convicted occurred prior to the effective date of the statute. Ch. 85-213, §§ 2, 3, Laws of Fla. We deny appellant's motion for rehearing because the ex post facto issue was first raised in the motion. Ex post facto issues are generally not fundamental error, therefore must be raised at trial to be properly preserved for appeal. Springfield v. State, 443 So.2d 484, 485 (Fla. 2d DCA 1984). Our denial of appellant's motion for rehearing is without prejudice to appellant seeking relief in the trial court pursuant to Florida Rule of Criminal Procedure 3.850. Id.

¶12GRIMES, A.C.J., and RYDER and SANDERLIN, JJ., concur.

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