Ryan v. State

Appellant, Patricia Ryan, challenges the order revoking her sentence and denying her motion to correct an illegal sentence. Relying on State v. Overfelt, 457 So.2d 1385 (Fla.1984), she claims that since the jury in her original trial did not determine that she engaged in a criminal offense while in possession of a firearm, her subsequent sentence which reflected an enhancement for possession of a firearm was illegal. Because her trial was held prior to Overfelt, we will not apply it retroactively. *435We thus affirm the order of revocation and sentence.

In 1981 Ryan was charged with two criminal…