Bello v. State

District Court of Appeal of Florida

Bello v. State

497 So. 2d 1346, 11 Fla. L. Weekly 2500, 1986 Fla. App. LEXIS 10852

CourtDistrict Court of Appeal of Florida

DecidedNovember 26, 1986

DocketNo. 86-429

StatusPublished

Cited by1 cases

This text of 497 So. 2d 1346 (Bello v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bello v. State, 497 So. 2d 1346, 11 Fla. L. Weekly 2500, 1986 Fla. App. LEXIS 10852 (Fla. Ct. App. 1986).

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Opinion

ORFINGER, Judge.

We affirm the judgments and sentences appealed from except for the imposition upon this indigent defendant of 50 hours of community service in lieu of $200 costs. The crimes for which appellant was convicted were committed in January, 1984, and we have held that the application of section 27.3455, Florida Statutes (1985) to crimes committed before that section’s effective date violates constitutional ex post facto restrictions. See Yost v. State, 489 So.2d 131 (Fla. 5th DCA 1986). As we did in Yost, we certify to the Florida supreme court the following question 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)?

[1347]*1347AFFIRMED. Community service requirement VACATED.

COBB and SHARP, JJ., concur.

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ORFINGER, Judge.

We affirm the judgments and sentences appealed from except for the imposition upon this indigent defendant of 50 hours of community service in lieu of $200 costs. The crimes for which appellant was convicted were committed in January, 1984, and we have held that the application of section 27.3455, Florida Statutes (1985) to crimes committed before that section’s effective date violates constitutional ex post facto restrictions. See Yost v. State, 489 So.2d 131 (Fla. 5th DCA 1986). As we did in Yost, we certify to the Florida supreme court the following question 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)?

[1347]*1347AFFIRMED. Community service requirement VACATED.

COBB and SHARP, JJ., concur.

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497 So. 2d 1346, 11 Fla. L. Weekly 2500, 1986 Fla. App. LEXIS 10852, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bello-v-state-fladistctapp-1986.

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