Opinion
No. 85-2092.
December 24, 1986. On Motion for Rehearing and Stay January 21, 1987.
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 Joy B. Schearer, Asst. Atty. Gen., West Palm Beach, for appellee.
We affirm appellant's conviction of battery on a law enforcement officer, however, we reverse on the issue of costs, and remand to the trial court with instructions to strike the costs imposed on Williams. First, Williams was given neither prior notice of the assessment of costs nor a hearing as required by Jenkins v. State, 444 So.2d 947 (Fla. 1984). Second, we reverse and remand for the trial court to strike assessment of $200 pursuant to section 27.3455, Florida Statutes (1985), because the crime for which appellant was convicted occurred prior to the effective date of the statute. Consequently, the penalty is a violation of the ex post facto clause. Signorelli v. State, 491 So.2d 349 (Fla. 4th DCA 1986); Yost v. State, 489 So.2d 131 (Fla. 5th DCA 1986).
AFFIRM IN PART; REVERSE IN PART; AND REMAND.
DOWNEY, ANSTEAD and GUNTHER, JJ., concur.
ON MOTIONS FOR REHEARING AND STAY
ORDERED that the Appellee's December 29, 1986 motion for rehearing is denied.
ORDERED that Appellee's December 29, 1986 motion for stay of mandate is granted. Counsel for appellee shall notify this Court immediately upon a ruling of the Supreme Court of Florida in Signorelli v. State, Fla.S.Ct. Case No. 69,229 and Yost v. State, Fla.S.Ct. No. 68,949.