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WHITTINGTON v. STATE

No. 86-135.

511 So.2d 749 (1987)

Randy WHITTINGTON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

August 28, 1987.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and John T. Kilcrease, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for appellee.

CAMPBELL, Judge.

Appellant, Randy Whittington, raises two issues on his appeal from his judgment and sentence for the crime of sexual battery. We agree with appellant that the trial court erred in an ex post facto assessment of court costs against him under section 27.3455, Florida Statutes (1985). State v. Yost, 507 So.2d 1099 (Fla. 1987). We, therefore, strike the assessment of costs pursuant to section 27.3455.

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