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Florida District Courts of Appeal, 1987

Jackson v. State

Jackson v. State
Florida District Courts of Appeal · Decided May 1, 1987 · Hall, Lehan, Sanderlin
511 So. 2d 1008; 1987 Fla. App. LEXIS 16644 (Southern Reporter, Second Series)

Jackson v. State

Dissenting 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 *1009question set out in Bowman to the Florida Supreme Court as a question of great public importance.

Opinion of the Court

PER CURIAM.

Affirmed.

LEHAN, A.C.J., and SANDERLIN, J., concur. HALL, J., dissents with opinion.

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