Capozzi v. State

District Court of Appeal of Florida

Capozzi v. State

37 So. 3d 370, 2010 Fla. App. LEXIS 7680, 2010 WL 2131965

CourtDistrict Court of Appeal of Florida

DecidedMay 28, 2010

Docket5D09-2708

StatusPublished

This text of 37 So. 3d 370 (Capozzi 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

Capozzi v. State, 37 So. 3d 370, 2010 Fla. App. LEXIS 7680, 2010 WL 2131965 (Fla. Ct. App. 2010).

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Opinion

PER CURIAM.

AFFIRMED. See State v. Calderon, 951 So.2d 1031, 1035 (Fla. 3d DCA 2007) (“An amended statute of limitation which applies retroactively does not violate the ex post facto prohibition if it clearly indicates that it retroactively applies to pending cases not time barred by the old statute.”); Scharfschwerdt v. Kanarek, 553 So.2d 218, 220 (Fla. 4th DCA 1989) (“The legislature can amend statutes of limitations to apply retroactively without running afoul of the constitutional ex post facto prohibition if it (a) does so before the prosecution is barred by the old statute and (b) clearly indicates that the new statute is to apply retroactively to cases pending when it becomes effective.”), rev. denied, 563 So.2d 633 (Fla.1990).

GRIFFIN, PALMER and LAWSON, JJ., concur.

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PER CURIAM.

AFFIRMED. See State v. Calderon, 951 So.2d 1031, 1035 (Fla. 3d DCA 2007) (“An amended statute of limitation which applies retroactively does not violate the ex post facto prohibition if it clearly indicates that it retroactively applies to pending cases not time barred by the old statute.”); Scharfschwerdt v. Kanarek, 553 So.2d 218, 220 (Fla. 4th DCA 1989) (“The legislature can amend statutes of limitations to apply retroactively without running afoul of the constitutional ex post facto prohibition if it (a) does so before the prosecution is barred by the old statute and (b) clearly indicates that the new statute is to apply retroactively to cases pending when it becomes effective.”), rev. denied, 563 So.2d 633 (Fla.1990).

GRIFFIN, PALMER and LAWSON, JJ., concur.

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37 So. 3d 370, 2010 Fla. App. LEXIS 7680, 2010 WL 2131965, Counsel Stack Legal Research, https://law.counselstack.com/opinion/capozzi-v-state-fladistctapp-2010.

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