Florida District Courts of Appeal, 1995

Ruiz v. State

Ruiz v. State
Florida District Courts of Appeal · Decided April 12, 1995 · Baskin, Goderich, Levy
652 So. 2d 520; 1995 Fla. App. LEXIS 3614; 1995 WL 170361 (Southern Reporter, Second Series)

Ruiz v. State

Opinion of the Court

PER CURIAM.

We reverse the order denying defendant’s motion to correct illegal sentence. A thorough review of the record reveals that defendant is entitled to have vacated the sentence imposed pursuant to the conviction on count five, possession of a firearm. As the state correctly conceded in response to a petition for writ of habeas corpus previously filed by defendant, defendant is entitled to the benefit of Carawan v. State, 515 So.2d 161 (Fla. 1987), which was decided during the pen-dency of defendant’s appeal, and which renders the sentence for count five illegal. Smith v. State, 598 So.2d 1063 (Fla. 1992).

Order reversed; sentence vacated; cause remanded.

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