Gunn v. State

546 So. 2d 115, 14 Fla. L. Weekly 1659, 1989 Fla. App. LEXIS 3871, 1989 WL 75747

• Court: District Court of Appeal of Florida
• Decided: July 12, 1989
• Docket: No. 88-0350
• Status: Published

Opinion

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.