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511 So. 2d 734

511 So.2d 734

12 Fla.L.Weekly 2090

Ernsberger v. State

District Court of Appeal of Florida

Decided August 26, 1987

District Court of Appeal of Florida · decided 1987-08-26

Cited by 4 later decisions — most recently October 2001

4 state decisions

Relies on 507 So. 2d 1099 - State v. Yost

Good law ✅— No negative treatment on recordhow we know

Decided 1987-08-26

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THREADGILL, Judge.

¶1Jack Ernsberger appeals the denial of his motion to dismiss an information and the imposition of court costs.

¶2We 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).

¶3We therefore strike these costs from the judgment.

¶4Affirmed.

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