Stempler v. State

CASANUEVA, Judge.

William S. Stempler, Jr., appeals the order summarily denying his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We reverse and remand for further proceedings.

Stempler alleged the trial court’s imposition of the $201 domestic violence surcharge violated the ex post facto provision of the Constitution of the United States because although section 938.08, Florida Statutes, became effective prior to his April 28, 2003, sentencing, it did not become effective until after he committed the offenses. The postconviction court,…