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STATE v. DIONNE

No. 5D01-1087.

814 So.2d 1087 (2002)

STATE of Florida, Appellant, v. David DIONNE, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied May 3, 2002.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Denise O. Simpson, Assistant Attorney General, Daytona Beach, for Appellant.

James B. Gibson, Public Defender, and Thomas J. Lukashow, Assistant Public Defender, Daytona Beach, for Appellee.

SAWAYA, J.

The State appeals the trial court's order granting David Dionne's motion to suppress his confession following his arrest for sexual battery.1 The trial court held that application of section 92.565, Florida Statutes (2000), which was enacted after the date of Dionne's alleged incident, violates the Ex Post Facto Clause of both the United States and Florida Constitutions. We reverse as to that issue.

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