Florida District Courts of Appeal, 1997

Wehr v. State

Wehr v. State
Florida District Courts of Appeal · Decided July 30, 1997 · Farmer, Gunther, Polen
698 So. 2d 313; 1997 Fla. App. LEXIS 8617; 1997 WL 423403 (Southern Reporter, Second Series)

Wehr v. State

Opinion of the Court

PER CURIAM.

AFFIRMED.

GUNTHER and POLEN, JJ., concur. FARMER, J., dissents with opinion.

Dissenting Opinion

FARMER, Judge,

dissenting.

I dissent from the imposition of sentence, upon revocation of community control for this 1991 conviction, requiring defendant to register as a sexual predator and to submit a DNA sample. The statute requiring registration as a sexual predator and the submission of a DNA sample for sex offenses was first adopted in 1993 and applied only to offenses committed on or after October 1, 1993. See Ch. 93-277, Laws of Fla. The Constitution prohibits the legislature from adding new forms of punishment after the crime has already been committed. Tooley v. State, 675 So.2d 984, 986 (Fla. 5th DCA 1996) (“[Under] the Ex Post Facto constitutional provisions, the Legislature cannot enact a law which imposes ... additional or greater punishment than that then prescribed. Weaver v. Graham, 450 U.S. 24, 101 S.Ct. 960, 67 L.Ed.2d 17 (1981).”).

Case-law data current through December 31, 2025. Source: CourtListener bulk data.