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546 So. 2d 115

546 So.2d 115

14 Fla.L.Weekly 1659

Gunn v. State

District Court of Appeal of Florida · decided 1989-07-12

Cited by 3 later decisions — most recently January 2009

3 state decisions

Relies on 515 So. 2d 161 - Carawan v. State · 547 So. 2d 613 - State v. Smith · Hall v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1989-07-12

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PER CURIAM.

¶1We 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 Carawanand Hallto 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).

¶2REVERSED.

LETTS, DELL and GUNTHER, JJ., concur.
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