Kemp v. State

District Court of Appeal of Florida

Kemp v. State

502 So. 2d 22, 12 Fla. L. Weekly 153, 1986 Fla. App. LEXIS 11151

CourtDistrict Court of Appeal of Florida

DecidedDecember 31, 1986

DocketNo. 86-1183

StatusPublished

Cited by1 cases

This text of 502 So. 2d 22 (Kemp 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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Kemp v. State, 502 So. 2d 22, 12 Fla. L. Weekly 153, 1986 Fla. App. LEXIS 11151 (Fla. Ct. App. 1986).

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Opinion

PER CURIAM.

We affirm the conviction of Gary Louis Kemp for two counts of uttering a forged instrument and two counts of grand theft, but remand for correction of the sentence.

Kemp was sentenced within the guidelines range; however, the court imposed community service pursuant to section 27.-3455, Florida Statutes (1985). Application of this section to crimes committed before its effective date violates ex post facto constitutional restrictions. See Yost v. State, 489 So.2d 131 (Fla. 5th DCA 1986).

AFFIRMED in part, REVERSED and REMANDED in part.

UPCHURCH, C.J., and ORFINGER and COBB, JJ., concur.

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