From Casetext: Smarter Legal Research

Signorelli v. State

District Court of Appeal of Florida, Fourth District
Jul 23, 1986
491 So. 2d 349 (Fla. Dist. Ct. App. 1986)

Summary

spitting directly into the face of the assistant director of the defendant's community control program was a battery

Summary of this case from Mohansingh v. State

Opinion

No. 85-2614.

July 23, 1986.

Appeal from the Circuit Court, Broward County, Harry G. Hinckley, Jr., J.

Richard L. Jorandby, Public Defender, and Ellen Morris, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Eddie J. Bell, Asst. Atty. Gen., West Palm Beach, for appellee.


We affirm appellant's probation revocation on the ground of his battery upon the assistant director of the community control program in which appellant had been placed. Appellant spat in the assistant director's face when he learned of his having violated the terms of appellant's community control. The basis for that violation, and the additional ground upon which the revocation was based, involved a remark made by appellant to two boys. We view the remark as an inadequate basis for revocation. What is not questionable, however, based upon the "three chances" given appellant — to which reference was made in the trial court — is that the result would have been the same were only the battery involved. The trial court's frustration with appellant was obvious, and appears to have been based on previous experiences with appellant.

With respect to the assessment of costs and denial of gain time, we reverse, because of non-compliance with Jenkins v. State, 444 So.2d 947 (Fla. 1984), and because these penalties were based upon section 27.3455(1), Florida Statutes (1985), enacted after the offenses were committed by appellant. We agree with Yost v. State, 489 So.2d 131 (Fla. 5th DCA 1986), that to apply that statute in such case would constitute a violation of the ex post facto clause. We certify to the Supreme Court of Florida as being of great public importance the same question posed in Yost:

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 provisions of the constitutions of the United States and of 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)?

GLICKSTEIN, WALDEN and STONE, JJ., concur.


Summaries of

Signorelli v. State

District Court of Appeal of Florida, Fourth District
Jul 23, 1986
491 So. 2d 349 (Fla. Dist. Ct. App. 1986)

spitting directly into the face of the assistant director of the defendant's community control program was a battery

Summary of this case from Mohansingh v. State

In Signorelli v. State, 491 So.2d 349 (Fla. 4th DCA 1986), we cited Yost v. State, 489 So.2d 131 (Fla. 5th DCA 1986) and held that application of section 27.3455 to a crime occurring prior to the effective date of the statute constituted a violation of the ex post facto clause.

Summary of this case from Morganti v. State
Case details for

Signorelli v. State

Case Details

Full title:JOSEPH SIGNORELLI, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Jul 23, 1986

Citations

491 So. 2d 349 (Fla. Dist. Ct. App. 1986)

Citing Cases

Williams v. State

Consequently, the penalty is a violation of the ex post facto clause. Signorelli v. State, 491 So.2d 349…

Stone v. State

This issue has been raised repeatedly in this district and in other districts The first case to decide this…