Florida District Courts of Appeal, 1986

McMath v. State

McMath v. State
Florida District Courts of Appeal · Decided November 12, 1986 · Ferguson, Nesbitt, Pearson
497 So. 2d 919; 11 Fla. L. Weekly 2347; 1986 Fla. App. LEXIS 10537 (Southern Reporter, Second Series)

McMath v. State

Opinion of the Court

PER CURIAM.

Reversed on authority of Moseley v. State, 491 So.2d 336 (Fla. 3d DCA 1986). We certify the same question:

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)?

Moseley, 491 So.2d at 337.

Reversed and remanded. Question certified.

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