Gunn v. State

Florida District Courts of Appeal
Gunn v. State, 546 So. 2d 115 (1989)
14 Fla. L. Weekly 1659; 1989 Fla. App. LEXIS 3871; 1989 WL 75747
Dell, Gunther, Letts

Gunn v. State

Opinion of the Court

PER CURIAM.

We reverse appellant’s conviction and sentence for possession of a firearm during the commission of a felony pursuant to Hall v. State, 517 So.2d 678 (Fla. 1988), and Carawan v. State, 515 So.2d 161 (Fla. 1987). We reject the state’s argument that chapter 88-131, section 7, Laws of Florida, which amended section 775.021(4), Florida Statutes, effective July 1, 1988, precludes application of Carawan and Hall to the instant case. While the statutory amendment does override Carawan, the amendment is not to be retroactively applied. State v. Smith, 547 So.2d 613 (Fla. 1989).

REVERSED.

LETTS, DELL and GUNTHER, JJ., concur.

Reference

Full Case Name
Dexter GUNN v. STATE of Florida
Cited By
3 cases
Status
Published