P v. Eagle (3rd Dist.) January 1, 2014, Amendment to HS 11379 Applies to Cases Not Yet Final On That Date

In 2013, Mr. Eagle pleaded guilty to transportation of methamphetamine, HS 11379.  The imposition of his sentence was suspended and Eagle was placed on probation.  January, 2014, HS 11379 was amended to add an element, an intent to transport the drug for purposes of sale.  March of 2015, Eagle moved to vacate his 11379 conviction and replace it with a misdemeanor 11377 (possession) conviction.  The trial court denied Eagle's motion.

The Third District reverses the 11379 conviction and remands to the trial court where the state will decide whether it should prosecute Eagle under the amended 11379.  

This case has similarities to People v. Ramos, which yielded a similar result.  The panel determines that the January 2014 amendment contained no saving clause and thus applied to all 11379 convictions that were not final on that date.  As the imposition of sentence had been suspended, Eagle's case was not final on January 1, 2014, hence the amendment applies to his case.  The next issue is remedy.  As an element was added to 11379, the state is entitled to an opportunity to prove the new element, therefore the case is remanded to the trial court for the state to decide whether they believe they can prove Eagle was transporting the methamphetamine for the purpose of sale.