Jackson v. State

Full title: ALTON LEE JACKSON, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Second District

Date published: May 1, 1987

511 So. 2d 1008 (Fla. Dist. Ct. App. 1987)

Opinion

No. 85-2321.

May 1, 1987.

Appeal from the Circuit Court for Pasco County; Wayne L. Cobb, Judge.

James Marion Moorman, Public Defender, and Paul C. Helm, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Erica M. Raffel, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

Affirmed.

LEHAN, A.C.J., and SANDERLIN, J., concur.

HALL, J., dissents with opinion.

HALL, Judge, dissenting.

I would affirm the conviction but find that the imposition of costs under section 27.3455, Florida Statutes, violated the ex post facto provisions of the United States and Florida Constitutions. Bowman v. State, 495 So.2d 868 (Fla. 2d DCA 1986). Accordingly, I would vacate that portion of the judgment in this case imposing court costs pursuant to section 27.3455, Florida Statutes (1985). I would also certify the question set out in Bowman to the Florida Supreme Court as a question of great public importance.