Major v. State, 508 So. 2d 725 (Fla. 2d DCA 1987). · Go Syfert
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Major v. State, 508 So. 2d 725 (Fla. 2d DCA 1987). Cases Citing This Book View Copy Cite
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Nathaniel MAJOR
v.
The STATE of Florida
No. 85-2085.
District Court of Appeal of Florida, Second District.
Feb 17, 1987.
508 So. 2d 725
Bennett H. Brummer, Public Defender, and Henry H. Harnage, Asst. Public Defender, for appellant., Robert A. Butterworth, Atty. Gen., and Susan Odzer Hugentugler, Asst. Atty. Gen., for appellee.
Barkdull, Ferguson, Nesbitt.
Published
PER CURIAM.

We reverse the trial court’s judgment, imposing community service in lieu of court costs, on the authority of Moseley v. State, 491 So.2d 336 (Fla. 3d DCA 1986). In Moseley, this court recently decided the precise issue raised here by Major, that is, that section 27.3455, Florida Statutes (1985) violates the ex post facto provision of the Constitutions of the United States and the State of Florida. As in Moseley, we certify the following question of public importance to the Supreme Court of Florida:

Does the application of section 27.3455, Florida Statutes (1985) to crimes committed prior to the effective date of the statute violate the ex post facto provision of the Constitutions of the United States and the State of Florida, or does the statute merely effect a procedural change as is permitted under State v. Jackson, 478 So.2d 1054 (Fla.1985)?

Reversed and remanded.