MARTIN v. STATE, 679 So.2d 880 (Fla.App. 5 Dist. 1996)

BILLY DWAIN MARTIN, SR., APPELLANT, v. STATE OF FLORIDA, APPELLEE.

No. 96-762.District Court of Appeal of Florida, Fifth District.
September 20, 1996.

Appeal from the Circuit Court for Volusia County, William C. Johnson, Jr., Judge.

James B. Gibson, Public Defender, and Brynn Newton, Assistant Public Defender, Daytona Beach, for Appellant.

No appearance for Appellee.

PER CURIAM.

We strike the imposition of costs in favor of First Step of Volusia County, Inc., but in all other respects affirm the defendant’s judgment and sentence. The defendant committed the crimes in question in 1992, prior to the effective date of the amendment to section 948.03(1)(h), Florida Statutes (1995), which authorized imposition of costs such as those in question here. Since the statutory amendment is substantive it is not retroactive.

AFFIRMED.

DAUKSCH, HARRIS and ANTOON, JJ., concur.

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