Florida District Courts of Appeal, 1988

Staples v. State

Staples v. State
Florida District Courts of Appeal · Decided February 24, 1988 · Anstead, Downey, Glickstein
520 So. 2d 659; 13 Fla. L. Weekly 532; 1988 Fla. App. LEXIS 613; 1988 WL 12528 (Southern Reporter, Second Series)

Staples v. State

Opinion of the Court

PER CURIAM.

This is an appeal by the defendant who contends the imposition of costs against him, potentially affecting his gain time, was improper. The state’s response to our order shows the defendant’s offenses oc*660curred prior to July 1, 1985, the effective date of section 27.3455, Florida Statutes (1985). Accordingly, the assessment of costs against appellant violated the ex post facto clause. State v. Yost, 507 So.2d 1099 (Fla. 1987). We reverse and remand with direction that the trial court vacate that part of the sentence which assessed costs against the appellant.

DOWNEY, ANSTEAD and GLICKSTEIN, JJ., concur.

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