GUNN v. STATE

Full title: DEXTER GUNN, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: Aug 9, 1989

546 So. 2d 115 (Fla. Dist. Ct. App. 1989)

Opinion

No. 88-0350.

July 12, 1989. Rehearing Denied August 9, 1989.

Appeal from the Circuit Court for Broward County; M. Daniel Futch, Jr., Judge.

Richard L. Jorandby, Public Defender, and Anthony Calvello, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Celia A. Terenzio, Asst. Atty. Gen., West Palm Beach, for appellee.

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.