Opinion
Nos. 69113, 69156.
July 9, 1987.
Two Consolidated Applications for Review of the Decision of the District Court of Appeal, Certified Great Public Importance; Fifth District, Case No. 85-1507.
James B. Gibson, Public Defender, and Larry B. Henderson, Asst. Public Defender, Daytona Beach, for petitioner/respondent Robert Lee McDowell.
Robert A. Butterworth, Atty. Gen., and Sean Daly, Asst. Atty. Gen., Daytona Beach, for respondent/petitioner State of Fla.
We review McDowell v. State, 491 So.2d 594 (Fla. 5th DCA 1986), to answer the certified question of whether retroactive application of the penalty provisions of section 27.3455, Florida Statutes (1985), violate the ex post facto provisions of the Florida and United States Constitutions. We answer the question affirmatively and approve the district court's decision on this point on the authority of State v. Yost, 507 So.2d 1099 (Fla. 1987).
Petitioner McDowell also raises two additional points, one of which respondent state concedes is meritorious. Inasmuch as the district court neglected to address this apparently meritorious point, we quash the decision below and remand for reconsideration. We decline to address the other point raised and thus approve the district court on this point.
It is so ordered.
McDONALD, C.J., and OVERTON, EHRLICH, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.