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BENNIE FRANK WILLIAMS, APPELLANT, v. STATE OF FLORIDA, APPELLEE.

DAUKSCH, Judge.

This is an appeal from sexual battery and kidnapping convictions. We affirm the convictions but sua sponte vacate that portion of the sentence which requires costs of $200.00 to be paid. See Yost v. State, 489 So.2d 131 (Fla. 5th DCA 1986).

CONVICTION AFFIRMED; SENTENCE MODIFIED AS TO COSTS ONLY.

COBB and COWART, JJ., concur.

DAUKSCH, Judge.

ON MOTION FOR REHEARING

DAUKSCH, Judge.

We certify to the supreme court the following question to be of great public importance:

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 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)?

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WILLIAMS v. STATE
(Aug 28, 1986)