DEXTER GUNN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
DEXTER GUNN, APPELLANT,
STATE OF FLORIDA, APPELLEE
546 So. 2d 115
Florida District Court of Appeal, Fourth District (1989)
Positive Treatment
Cited by 4 cases
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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Smith v. State, 548 So. 2d 755 (Fla. 5th DCA 1989)…denied, 536 So. 2d 246 (Fla.1988); Henderson v. State, 526 So. 2d 743 (Fla. 3d DCA 1988). FOURTH DISTRICT COURT OF APPEAL: Higgins v. State, 545 So. 2d 973 (Fla. 4th DCA 1989); Williams v. State, 546 So. 2d 1120 (Fla. 4th DCA 1989); Gunn v. State, 546 So. 2d 115 (Fla. 4th DCA 1989); Wright v. State, 546 So. 2d 96 (Fla. 4th DCA 1989); Mitchell v. State, 543 So. 2d 292 (Fla. 4th DCA 1989); Peterson v. State, 542 So. 2d 417 (Fla. 4th DCA 1989); Cherry v. State, 540 So. 2d 146 (Fla. 4th DCA 1989); Prescott v. S…
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Gunn v. State, 998 So. 2d 1209 (Fla. 4th DCA 2009)…and TAYLOR, JJ., concur. . It appears the plea was a negotiated plea, because appellant argues in the instant petition that he would not have agreed to the particular sentence imposed, had he known that count II would be reversed. . Gunn v. State, 546 So. 2d 115 (Fla. 4th DCA 1989).…
Authorities Cited
- Dion Michael Carawan v. State, 515 So. 2d 161 (Fla. 1987)
- State v. Smith, 547 So. 2d 613 (Fla. 1989)
- Hall v. State, 517 So. 2d 678 (Fla. 1988)