# Brown v. State

> District Court of Appeal of Florida · July 29, 1987 · 12 Fla. L. Weekly 1850

URL: https://www.frixlaw.com/law-library/cases/7559467

## Case

- **Full name:** Samuel BROWN v. STATE of Florida
- **Court:** District Court of Appeal of Florida
- **Decided:** July 29, 1987
- **Citations:** 12 Fla. L. Weekly 1850; 510 So. 2d 647; 1987 Fla. App. LEXIS 9625
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Hall
- **Judges:** Hall, Prank, Scheb
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7559467

## Opinion text

HALL, Judge.
In this consolidated appeal from his final judgment and sentence for robbery, the appellant raises five points. We find merit only in his challenge of the assessment of certain costs against him.
The trial court ordered the appellant to pay $20 to the Crime Compensation Trust Fund pursuant to section 960.20, Florida Statutes (1985), $2.50 pursuant to section 943.25(4), and $2 pursuant to section 943.25(8), but did not afford the appellant the procedural requirements of notice and an opportunity to object to the imposition of these costs. See Jenkins v. State, 444 So.2d 947 (Fla.1984).
The appellant was also assessed $200 in court costs under section 27.3455, Florida Statutes (1985). Since the appellant’s offenses were committed in April 1985 and the statute did not become effective until July 1, 1985, the imposition of these costs violated the ex post facto provisions of the United States and Florida Constitutions. See U.S. Const., art. I, § 9, cl. 3 and § 10, cl. 1; Fla.Const., art. I, § 10; State v. Yost, 507 So.2d 1099 (Fla.1987).
Accordingly, we strike the imposition of costs imposed pursuant to section 27.3455, *648 and remand for a hearing on the other costs in accord with the requirements of Jenkins . The judgment and sentences in all other respects are affirmed.
SCHEB, A.C.J., and PRANK, J., concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7559467. Public record. Not legal advice.