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McDOWELL v. STATE

Nos. 69113, 69156.

509 So.2d 927 (1987)

Robert Lee McDOWELL, Petitioner, v. STATE of Florida, Respondent. STATE of Florida, Petitioner, v. Robert Lee McDOWELL, Respondent.

Supreme Court of Florida.

July 9, 1987.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Larry B. Henderson, Asst. Public Defender, Daytona Beach, for petitioner/respondent Robert Lee McDowell.

Robert A. Butterworth, Atty. Gen., and Sean Daly, Asst. Atty. Gen., Daytona Beach, for respondent/petitioner State of Fla.

PER CURIAM.

We review McDowell v. State, 491 So.2d 594 (Fla. 5th DCA 1986), to answer the certified question of whether retroactive application of the penalty provisions of section 27.3455, Florida Statutes (1985), violate the ex post facto provisions of the Florida and United States Constitutions. We answer the question affirmatively and approve the district court's decision on this point on the authority of State v....

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