Bennett v. State

District Court of Appeal of Florida

Bennett v. State

495 So. 2d 239, 11 Fla. L. Weekly 2049, 1986 Fla. App. LEXIS 9810

CourtDistrict Court of Appeal of Florida

DecidedSeptember 25, 1986

DocketNo. 85-1768

StatusPublished

Cited by3 cases

This text of 495 So. 2d 239 (Bennett 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.

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Bennett v. State, 495 So. 2d 239, 11 Fla. L. Weekly 2049, 1986 Fla. App. LEXIS 9810 (Fla. Ct. App. 1986).

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Opinion

PER CURIAM.

Appellant raises a number of issues on appeal, only one of which merits discussion. Appellant argues that the application of section 27.3455, Florida Statutes (1985), in the present case is an impermissible ex post facto application of the statute, since appellant’s offenses were committed prior to July, 1985. Appellant is correct. See Williams v. State, 492 So.2d 784 (Fla. 5th DCA 1986); Yost v. State, 489 So.2d 131 (Fla. 5th DCA 1986). Thus, the application of section 27.3455 to the present sentence is reversed. The remainder of the sentence is affirmed.

REVERSED in part; AFFIRMED in part; REMANDED.

ORFINGER, COBB and SHARP, JJ., concur.

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PER CURIAM.

Appellant raises a number of issues on appeal, only one of which merits discussion. Appellant argues that the application of section 27.3455, Florida Statutes (1985), in the present case is an impermissible ex post facto application of the statute, since appellant’s offenses were committed prior to July, 1985. Appellant is correct. See Williams v. State, 492 So.2d 784 (Fla. 5th DCA 1986); Yost v. State, 489 So.2d 131 (Fla. 5th DCA 1986). Thus, the application of section 27.3455 to the present sentence is reversed. The remainder of the sentence is affirmed.

REVERSED in part; AFFIRMED in part; REMANDED.

ORFINGER, COBB and SHARP, JJ., concur.

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495 So. 2d 239, 11 Fla. L. Weekly 2049, 1986 Fla. App. LEXIS 9810, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bennett-v-state-fladistctapp-1986.

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