Monroe v. State

District Court of Appeal of Florida

Monroe v. State

502 So. 2d 981, 12 Fla. L. Weekly 537, 1987 Fla. App. LEXIS 6726

CourtDistrict Court of Appeal of Florida

DecidedFebruary 13, 1987

DocketNo. 85-1856

StatusPublished

Cited by1 cases

This text of 502 So. 2d 981 (Monroe 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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Monroe v. State, 502 So. 2d 981, 12 Fla. L. Weekly 537, 1987 Fla. App. LEXIS 6726 (Fla. Ct. App. 1987).

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SCHEB, Acting Chief Judge.

Defendant Michael K. Monroe was convicted and sentenced for possession of cocaine. On appeal he raises three points. We find merit only to his contention that the trial judge erred by imposing costs against him pursuant to section 27.3455, Florida Statutes (1985). The defendant committed the offense on April 25, 1985; however, section 27.3455 did not become effective until July 1, 1985. Therefore, the imposition of these costs violated the ex post facto provisions of the Constitutions of the United States and the State of Florida. Bowman v. State, 495 So.2d 868 (Fla. 2d DCA 1986); Bago v. State, 498 So.2d 584 (Fla. 2d DCA 1986).

Accordingly, we reverse the trial court’s imposition of these costs. Furthermore, as we did in Bowman, we again certify this question to the Supreme Court of Florida as a question of great public importance.

HALL, J., concurs. RYDER, J., specially concurs.

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SCHEB, Acting Chief Judge.

Defendant Michael K. Monroe was convicted and sentenced for possession of cocaine. On appeal he raises three points. We find merit only to his contention that the trial judge erred by imposing costs against him pursuant to section 27.3455, Florida Statutes (1985). The defendant committed the offense on April 25, 1985; however, section 27.3455 did not become effective until July 1, 1985. Therefore, the imposition of these costs violated the ex post facto provisions of the Constitutions of the United States and the State of Florida. Bowman v. State, 495 So.2d 868 (Fla. 2d DCA 1986); Bago v. State, 498 So.2d 584 (Fla. 2d DCA 1986).

Accordingly, we reverse the trial court’s imposition of these costs. Furthermore, as we did in Bowman, we again certify this question to the Supreme Court of Florida as a question of great public importance.

HALL, J., concurs. RYDER, J., specially concurs.

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502 So. 2d 981, 12 Fla. L. Weekly 537, 1987 Fla. App. LEXIS 6726, Counsel Stack Legal Research, https://law.counselstack.com/opinion/monroe-v-state-fladistctapp-1987.

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