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KEMP v. STATE

No. 86-1183.

502 So.2d 22 (1986)

Gary Louis KEMP, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied February 9, 1987.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Nancye R. Crouch, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Kevin Kitpatrick Carson, Asst. Atty. Gen., Daytona Beach, for appellee.

PER CURIAM.

We affirm the conviction of Gary Louis Kemp for two counts of uttering a forged instrument and two counts of grand theft, but remand for correction of the sentence.

Kemp was sentenced within the guidelines range; however, the court imposed community service pursuant to section 27.3455, Florida Statutes (1985). Application of this section to crimes committed before its effective date violates ex post facto constitutional restrictions. See Yost...

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