Velazguez v. State of Florida

District Court of Appeal of Florida

Velazguez v. State of Florida

505 So. 2d 18, 12 Fla. L. Weekly 943, 1987 Fla. App. LEXIS 7610

CourtDistrict Court of Appeal of Florida

DecidedApril 7, 1987

DocketNo. 85-2257

StatusPublished

Cited by1 cases

This text of 505 So. 2d 18 (Velazguez v. State of Florida) 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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Velazguez v. State of Florida, 505 So. 2d 18, 12 Fla. L. Weekly 943, 1987 Fla. App. LEXIS 7610 (Fla. Ct. App. 1987).

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Opinion

PER CURIAM.

This is another criminal matter involving the ex post facto application of Section 27.3455, Florida Statutes (1985). We strike from so much of the appellant’s sentence the provision that provides for community service, and as we have previously done we certify the following question to the Florida Supreme Court, to wit:

“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)?”

Therefore the sentence under review, as modified, be and the same is hereby affirmed.

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PER CURIAM.

This is another criminal matter involving the ex post facto application of Section 27.3455, Florida Statutes (1985). We strike from so much of the appellant’s sentence the provision that provides for community service, and as we have previously done we certify the following question to the Florida Supreme Court, to wit:

“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)?”

Therefore the sentence under review, as modified, be and the same is hereby affirmed.

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505 So. 2d 18, 12 Fla. L. Weekly 943, 1987 Fla. App. LEXIS 7610, Counsel Stack Legal Research, https://law.counselstack.com/opinion/velazguez-v-state-of-florida-fladistctapp-1987.

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