State v. Ebner

District Court of Appeal of Florida

State v. Ebner

504 So. 2d 787, 12 Fla. L. Weekly 895, 1987 Fla. App. LEXIS 7434

CourtDistrict Court of Appeal of Florida

DecidedMarch 31, 1987

DocketNo. 86-357

StatusPublished

This text of 504 So. 2d 787 (State v. Ebner) 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

State v. Ebner, 504 So. 2d 787, 12 Fla. L. Weekly 895, 1987 Fla. App. LEXIS 7434 (Fla. Ct. App. 1987).

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Opinion

PER CURIAM.

The trial court held that Section 27.3455, Florida Statutes (1985) is unconstitutional. We disagree with the trial court’s reasoning, see Gaffney v. State, 497 So.2d 1292 [788]*788(Fla. 5th DCA 1986); Davis v. State, 495 So.2d 928 (Fla. 4th DCA 1986); Johnson v. State, 495 So.2d 188 (Fla. 2d DCA 1986), but affirm its ruling as to the unconstitutional application to these appellees who were charged with crimes that occurred prior to July 1, 1985, the effective date of Section 27.3455, Florida Statutes (1985). The question of ex post facto application was raised before the trial court and appears in the record, therefore such a claim was not waived. Compare: Johnson v. State, supra. We do however, as we have done in the past, see Moseley v. State, 491 So.2d 336 (Fla. 3d. DCA 1986), 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)?”

Affirmed.

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PER CURIAM.

The trial court held that Section 27.3455, Florida Statutes (1985) is unconstitutional. We disagree with the trial court’s reasoning, see Gaffney v. State, 497 So.2d 1292 [788]*788(Fla. 5th DCA 1986); Davis v. State, 495 So.2d 928 (Fla. 4th DCA 1986); Johnson v. State, 495 So.2d 188 (Fla. 2d DCA 1986), but affirm its ruling as to the unconstitutional application to these appellees who were charged with crimes that occurred prior to July 1, 1985, the effective date of Section 27.3455, Florida Statutes (1985). The question of ex post facto application was raised before the trial court and appears in the record, therefore such a claim was not waived. Compare: Johnson v. State, supra. We do however, as we have done in the past, see Moseley v. State, 491 So.2d 336 (Fla. 3d. DCA 1986), 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)?”

Affirmed.

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Bluebook (online)

504 So. 2d 787, 12 Fla. L. Weekly 895, 1987 Fla. App. LEXIS 7434, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-ebner-fladistctapp-1987.

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