Inglis v. State
Inglis v. State
Opinion of the Court
Inglis appeals from an order denying his post-conviction motion to vacate his judgment and sentence for the sale of cocaine after he had completed serving his sentence for possession of cocaine with intent to sell.
In Smith, the Florida Supreme Court held that (1) Carawan v. State, 515 So.2d 161 (Fla. 1987) has been overridden by the 1988 amendment to section 775.021(4),
This case also involves the same cocaine for both offenses. They were committed on March 24, 1987, before the effective date of the amendment. In addition, at the time of sentencing (January 8, 1988), Cara-wan had been decided. Thus, authority existed for the trial court to vacate one of the two convictions. Because the dual sentences as imposed were illegal pursuant to Carawan, this motion for post-conviction relief under Florida Rule of Criminal Procedure 3.850 was proper. Therefore we reverse the order denying Inglis’ motion and remand with instructions to vacate the judgment and sentence for the sale of cocaine.
REVERSED and REMANDED.
. Both offenses constitute a violation of section 893.13(l)(a)l. Fla.Stat. (1987).
. Ch. 88-131, § 7, Laws of Fla.
Reference
- Full Case Name
- Bernardin INGLIS v. STATE of Florida
- Cited By
- 2 cases
- Status
- Published