Legal Opinion

McBride v. State

District Court of Appeal of Florida

Decided June 18, 1987No. 86-1694Published

1Opinion of the Court

SHARP, Judge.

McBride appeals that portion of her sentence imposing costs pursuant to section 27.3455, Florida Statutes (1985), as a condition to grant her gain-time. She was convicted of possession of cocaine and marijuana.1 We quash the imposition of costs.

McBride’s offenses were committed in April of 1985 and section 27.3455 became effective on July 1, 1985. Ex post facto application of the penalties imposed by this statute is unconstitutional. State v. Yost, 507 So.2d 1099 (Fla.1987); Gordon v. State, 497 So.2d 661 (Fla. 5th DCA 1986); Miller v. State, 492 So.2d 1191 (Fla. 5th DCA 1986).…

Also in this document: Concurrence.

2Cases cited7 opinions

  1. State v. YostSupreme Court of Florida · 1987
  2. Johnson v. StateDistrict Court of Appeal of Florida · 1986
  3. Gordon v. StateDistrict Court of Appeal of Florida · 1986
  4. Webber v. StateDistrict Court of Appeal of Florida · 1986
  5. Miller v. StateDistrict Court of Appeal of Florida · 1986

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