Ernsberger v. State

District Court of Appeal of Florida

Ernsberger v. State

511 So. 2d 734, 12 Fla. L. Weekly 2090, 1987 Fla. App. LEXIS 10046

CourtDistrict Court of Appeal of Florida

DecidedAugust 26, 1987

DocketNo. 86-273

StatusPublished

This text of 511 So. 2d 734 (Ernsberger 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

Ernsberger v. State, 511 So. 2d 734, 12 Fla. L. Weekly 2090, 1987 Fla. App. LEXIS 10046 (Fla. Ct. App. 1987).

Pincite

Opinion

THREADGILL, Judge.

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

We 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).

We therefore strike these costs from the judgment.

Affirmed.

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

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