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