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652 So. 2d 520

Ruiz v. State

District Court of Appeal of Florida · decided 1995-04-12

Relies on 515 So. 2d 161 - Carawan v. State · 598 So. 2d 1063 - Smith v. State

Decided 1995-04-12

PER CURIAM.

¶1We 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).

¶2Order reversed; sentence vacated; cause remanded.

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