Legal Opinion

Session v. State

District Court of Appeal of Florida

Decided November 13, 1986No. 86-1496PublishedCited by 2 opinions

1Opinion of the Court

ORFINGER, Judge.

We reverse the order denying appellant’s motion to vacate an illegal sentence, (Fla.R.Crim.P. 3.800(a)), and vacate that portion of appellant’s sentence which imposed $200 in court costs because the imposition of these costs for a crime committed prior to the effective date of section 27.-3455(1), Florida Statutes (1985), the statute which authorizes these costs, violates constitutional ex post facto restrictions. See Yost v. State, 489 So.2d 131 (Fla. 5th DCA 1986).

The State’s argument that this issue has not been preserved for appellate review because no objection was made…

2Cases cited3 opinions

  1. State v. JacksonSupreme Court of Florida · 1985
  2. Yost v. StateDistrict Court of Appeal of Florida · 1986
  3. Ivie v. StateDistrict Court of Appeal of Florida · 1986

3Cited by2 opinions

  1. Padron v. StateDistrict Court of Appeal of Florida · 1987
  2. State v. SessionSupreme Court of Florida · 1987

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