Can a Statute Enacted After Commission of Charged Offense Applied Retroactively ?
In State v. Williams, 397 So. 2d 663 (Fla. 1981), the Supreme Court of Florida held that a statute--enacted after the commission of the charged offense--which allowed the trial court to retain jurisdiction over the first third of the defendant's statutory maximum sentence could not be constitutionally applied retroactively.
The trial court's retention of jurisdiction gave it the authority to bar the defendant's parole or gain-time release.
This Court explained that retroactive application of the statute would attach "the legal consequences of the trial court's parole veto and no gain-time release to those who committed crimes before the provision's effective date" and that as a consequence "the prisoners' sentences are enhanced." Id. at 665.