Goldwire v. State

District Court of Appeal of Florida

Goldwire v. State

503 So. 2d 907, 12 Fla. L. Weekly 123, 1986 Fla. App. LEXIS 11545

CourtDistrict Court of Appeal of Florida

DecidedDecember 23, 1986

DocketNo. 85-2280

StatusPublished

This text of 503 So. 2d 907 (Goldwire 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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Goldwire v. State, 503 So. 2d 907, 12 Fla. L. Weekly 123, 1986 Fla. App. LEXIS 11545 (Fla. Ct. App. 1986).

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Opinion

PER CURIAM.

Based on the controlling authority of Moseley v. State, 491 So.2d 336 (Fla. 3d [908]*908DCA 1986), and Yost v. State, 489 So.2d 131 (Fla. 5th DCA 1986), we affirm the order placing the defendant John Goldwire on probation for a period of eighteen months — except for the special condition of probation that the said defendant perform forty hours of community service in lieu of costs, which condition is hereby reversed. As in Moseley and Yost, we certify the following question to be of “great public importance” so as to permit the Florida Supreme Court to further review this case under Article V, Section 3(b)(4), of the Florida Constitution, to wit:

“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)?”

Reversed and remanded; question certified.

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PER CURIAM.

Based on the controlling authority of Moseley v. State, 491 So.2d 336 (Fla. 3d [908]*908DCA 1986), and Yost v. State, 489 So.2d 131 (Fla. 5th DCA 1986), we affirm the order placing the defendant John Goldwire on probation for a period of eighteen months — except for the special condition of probation that the said defendant perform forty hours of community service in lieu of costs, which condition is hereby reversed. As in Moseley and Yost, we certify the following question to be of “great public importance” so as to permit the Florida Supreme Court to further review this case under Article V, Section 3(b)(4), of the Florida Constitution, to wit:

“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)?”

Reversed and remanded; question certified.

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503 So. 2d 907, 12 Fla. L. Weekly 123, 1986 Fla. App. LEXIS 11545, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goldwire-v-state-fladistctapp-1986.

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