Major v. State

District Court of Appeal of Florida

Major v. State

508 So. 2d 725, 12 Fla. L. Weekly 555, 1987 Fla. App. LEXIS 6787

CourtDistrict Court of Appeal of Florida

DecidedFebruary 17, 1987

DocketNo. 85-2085

StatusPublished

This text of 508 So. 2d 725 (Major 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

Major v. State, 508 So. 2d 725, 12 Fla. L. Weekly 555, 1987 Fla. App. LEXIS 6787 (Fla. Ct. App. 1987).

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Opinion

PER CURIAM.

We reverse the trial court’s judgment, imposing community service in lieu of court costs, on the authority of Moseley v. State, 491 So.2d 336 (Fla. 3d DCA 1986). In Moseley, this court recently decided the precise issue raised here by Major, that is, that section 27.3455, Florida Statutes (1985) violates the ex post facto provision of the Constitutions of the United States and the State of Florida. As in Moseley, we certify the following question of public importance to the Supreme Court of Florida:

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 provision of the Constitutions of the United States and 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.

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PER CURIAM.

We reverse the trial court’s judgment, imposing community service in lieu of court costs, on the authority of Moseley v. State, 491 So.2d 336 (Fla. 3d DCA 1986). In Moseley, this court recently decided the precise issue raised here by Major, that is, that section 27.3455, Florida Statutes (1985) violates the ex post facto provision of the Constitutions of the United States and the State of Florida. As in Moseley, we certify the following question of public importance to the Supreme Court of Florida:

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 provision of the Constitutions of the United States and 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.

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508 So. 2d 725, 12 Fla. L. Weekly 555, 1987 Fla. App. LEXIS 6787, Counsel Stack Legal Research, https://law.counselstack.com/opinion/major-v-state-fladistctapp-1987.

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