Webber v. State, 86-243
| Decision Date | 20 November 1986 |
| Docket Number | No. 86-243,86-243 |
| Citation | 497 So.2d 995,11 Fla. L. Weekly 2428 |
| Parties | 11 Fla. L. Weekly 2428 Clifford WEBBER, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
James B. Gibson, Public Defender, and James R. Wulchak, Chief, Appellate Div., Daytona Beach, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and Jim Easley, Asst. Atty. Gen., Daytona Beach, for appellee.
We affirm appellant's conviction on the ground that the evidence sufficiently supports the jury's finding of guilt and no reversible trial error is made to appear.
The imposition of $200 in costs pursuant to section 27.3455, Florida Statutes (1985), violates constitutional ex post facto restrictions because the crimes for which defendant was convicted were committed prior to the effective date of the statute, and thus were illegally imposed. Freeney v. State, 493 So.2d 9 (Fla. 5th DCA 1986); Yost v. State, 489 So.2d 131 (Fla. 5th DCA 1986). We consider this to be the type of sentencing error which may be raised on appeal notwithstanding the defendant's failure to object at sentencing because it results in an illegal sentence. State v. Whitfield, 487 So.2d 1045 (Fla.1986). Contra, Slaughter v. State, 493 So.2d 1109 (Fla. 1st DCA 1986); Johnson v. State, 495 So.2d 188 (Fla. 2d DCA Oct. 3, 1986).
We therefore strike from the sentence the imposition of $200 in costs. Except as to these costs, the sentence is otherwise affirmed. As we did in Yost, we certify to the supreme court 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)?
JUDGMENT AND SENTENCE AFFIRMED; COSTS STRICKEN.
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Williams v. State, 86-1181
...without an objection below (see Givens v. State, 501 So.2d 758 (Fla. 5th DCA), rev. denied, 511 So.2d 999 (Fla.1987); Webber v. State, 497 So.2d 995 (Fla. 5th DCA 1986), approved, 509 So.2d 926 (Fla.1987)), and must be reversed "in the interest of justice" (see Tibbs v. State, 397 So.2d 112......
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Cresswell v. State
...herein but remand for deletion of the costs assessed pursuant to section 27.3455(1), Florida Statutes (1985). See Webber v. State, 497 So.2d 995 (Fla. 5th DCA 1986), affirmed, 509 So.2d 926 ORFINGER, J., concurs. COBB, J., concurs specially with opinion. DAUKSCH, J., dissents in part with o......
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Arnold v. State, 85-2755
...Maldonado v. State, 498 So.2d 1057 (Fla. 2d DCA 1986); Johnson v. State, 495 So.2d 188 (Fla. 2d DCA 1986); contra Webber v. State, 497 So.2d 995 (Fla. 5th DCA 1986). Defendant additionally contends that there was error because there was no determination as to his ability to pay, and no noti......
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McBride v. State, 86-1694
...below, we have held it may be raised for the first time on appeal. Givens v. State, 501 So.2d 758 (Fla. 5th DCA 1987); Webber v. State, 497 So.2d 995 (Fla. 5th DCA 1986). Contra. Vogtsberger v. State, 502 So.2d 984, 985 (Fla. 1st DCA 1987); Johnson v. State, 495 So.2d 188 (Fla. 2d DCA We th......