Inglis v. State

District Court of Appeal of Florida

Inglis v. State

547 So. 2d 702, 14 Fla. L. Weekly 1839, 1989 Fla. App. LEXIS 4368, 1989 WL 85719

CourtDistrict Court of Appeal of Florida

DecidedAugust 3, 1989

DocketNo. 88-1735

StatusPublished

Cited by2 cases

This text of 547 So. 2d 702 (Inglis v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Inglis v. State, 547 So. 2d 702, 14 Fla. L. Weekly 1839, 1989 Fla. App. LEXIS 4368, 1989 WL 85719 (Fla. Ct. App. 1989).

Pincite

Opinion

SHARP, Judge.

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.¹ The trial court had sentenced In-glis to eighteen months in prison for the possession count, and three years of probation on the sale count, to run consecutive to the prison sentence. Both counts involved the identical quantum of cocaine. On the authority of State v. Smith, 547 So.2d 613 (Fla.1989), we reverse.

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),² but that (2) the override will not be retroactively applied to offenses committed before the effective date of the amendment (July 1, 1988). In addition, the court approved the decision of the Second District in Gordon v. State, 528 So.2d 910 (Fla. 2d DCA 1988), which reversed Gordon’s convictions for both the sale and possession of the same “rock” of cocaine. The court relied on Carawan in holding that the dual convictions based on the same underlying act constituted error.

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.

ORFINGER and COWART, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

SHARP, Judge.

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.¹ The trial court had sentenced In-glis to eighteen months in prison for the possession count, and three years of probation on the sale count, to run consecutive to the prison sentence. Both counts involved the identical quantum of cocaine. On the authority of State v. Smith, 547 So.2d 613 (Fla.1989), we reverse.

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),² but that (2) the override will not be retroactively applied to offenses committed before the effective date of the amendment (July 1, 1988). In addition, the court approved the decision of the Second District in Gordon v. State, 528 So.2d 910 (Fla. 2d DCA 1988), which reversed Gordon’s convictions for both the sale and possession of the same “rock” of cocaine. The court relied on Carawan in holding that the dual convictions based on the same underlying act constituted error.

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.

ORFINGER and COWART, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

547 So. 2d 702, 14 Fla. L. Weekly 1839, 1989 Fla. App. LEXIS 4368, 1989 WL 85719, Counsel Stack Legal Research, https://law.counselstack.com/opinion/inglis-v-state-fladistctapp-1989.

Opinion

Related

Cite This Page — Counsel Stack