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Livingston v. State

District Court of Appeal of Florida, Fifth District
Nov 20, 1986
497 So. 2d 998 (Fla. Dist. Ct. App. 1986)

Opinion

No. 86-557.

November 20, 1986.

Appeal from the Circuit Court for Brevard County; John Antoon, II, Judge.

James B. Gibson, Public Defender, and Brynn Newton, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Belle B. Turner, Asst. Atty. Gen., Daytona Beach, for appellee.


We find no merit in defendant's contention that he was entitled to discharge under the speedy trial rule, Fla.R.Crim.P. 3.191(a), so his conviction is affirmed. That portion of the sentence imposing community service in lieu of $200 court costs on the indigent defendant is reversed because the crime for which he was convicted was committed prior to the effective date of section 27.3455, Florida Statutes (1985). See Yost v. State, 489 So.2d 131 (Fla. 5th DCA 1986). We again certify to the Supreme Court of Florida 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)?

AFFIRMED in part; REVERSED in part, QUESTION CERTIFIED.

DAUKSCH, ORFINGER and SHARP, JJ., concur.


Summaries of

Livingston v. State

District Court of Appeal of Florida, Fifth District
Nov 20, 1986
497 So. 2d 998 (Fla. Dist. Ct. App. 1986)
Case details for

Livingston v. State

Case Details

Full title:MICHAEL HERBERT LIVINGSTON, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: Nov 20, 1986

Citations

497 So. 2d 998 (Fla. Dist. Ct. App. 1986)

Citing Cases

Livingston v. State

OVERTON, Justice. This is a petition to review Livingston v. State, 497 So.2d 998 (Fla. 5th DCA 1986),…