Livingston v. State

District Court of Appeal of Florida

Livingston v. State

497 So. 2d 998, 11 Fla. L. Weekly 2428, 1986 Fla. App. LEXIS 10693

CourtDistrict Court of Appeal of Florida

DecidedNovember 20, 1986

DocketNo. 86-557

StatusPublished

Cited by1 cases

This text of 497 So. 2d 998 (Livingston 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

Livingston v. State, 497 So. 2d 998, 11 Fla. L. Weekly 2428, 1986 Fla. App. LEXIS 10693 (Fla. Ct. App. 1986).

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Opinion

PER CURIAM.

We find no merit in defendant’s contention that he was entitled to discharge under [999]*999the speedy trial rule, Fla.R.Crim.P. 3.191(a), so his conviction is affirmed. That portion of the sentence imposing community service in lieu of $200 court costs on the indigent defendant is reversed because the crime for which he was convicted was committed prior to the effective date of section 27.3455, Florida Statutes (1985). See Yost v. State, 489 So.2d 131 (Fla. 5th DCA 1986). We again certify to the Supreme Court of Florida the following question of great public importance.

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)?

AFFIRMED in part; REVERSED in part, QUESTION CERTIFIED.

DAUKSCH, ORFINGER and SHARP, JJ., concur.

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PER CURIAM.

We find no merit in defendant’s contention that he was entitled to discharge under [999]*999the speedy trial rule, Fla.R.Crim.P. 3.191(a), so his conviction is affirmed. That portion of the sentence imposing community service in lieu of $200 court costs on the indigent defendant is reversed because the crime for which he was convicted was committed prior to the effective date of section 27.3455, Florida Statutes (1985). See Yost v. State, 489 So.2d 131 (Fla. 5th DCA 1986). We again certify to the Supreme Court of Florida the following question of great public importance.

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)?

AFFIRMED in part; REVERSED in part, QUESTION CERTIFIED.

DAUKSCH, ORFINGER and SHARP, JJ., concur.

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Bluebook (online)

497 So. 2d 998, 11 Fla. L. Weekly 2428, 1986 Fla. App. LEXIS 10693, Counsel Stack Legal Research, https://law.counselstack.com/opinion/livingston-v-state-fladistctapp-1986.

Opinion

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