Green v. State

Raising ex post facto grounds, appellant challenges sentences imposed on him for the offenses of sale of cocaine, uttering a forged instrument and resisting arrest with violence. In this regard, we find the court’s analysis in Washington v. State, 564 So.2d 168 (Fla. 5th DCA 1990), to be instructive:

Because the guideline rule “permitted range” concept authorizes increased punishment, the constitutional ex post facto clause prohibits the application of that sentencing concept to offenses that occurred prior to July 1, 1988, the effective date of the statute approving the rule that adopted and…