Gaitor v. State

Inzel Gaitor appeals denial of his motion under Rule 3.800 Florida Rules of Criminal Procedure. We reverse.

Gaitor was convicted in 1980 of robbery, aggravated battery, and unlawful possession of a firearm while engaged in a criminal offense. The sentence was legal when imposed. See State v. Gibson, 452 So.2d 553 (Fla.1984). After the Florida Supreme Court’s decisions in Carawan v. State, 515 So.2d 161 (Fla.1987), and Hall v. State, 517 So.2d 678 (Fla.1988), Gaitor moved under Rule 3.800 to set aside the conviction of unlawful possession of a firearm while engaged in a criminal offense.

Our…