LAZARO CARNEIRO, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
PER CURIAM.
Notwithstanding that this court ordered the defendant acquitted on double jeopardy grounds in Corneiro v. Solomon, 450 So. 2d 599 (Fla. 3d DCA 1984), the trial judge denied his subsequent timely application for the return of the pistol allegedly employed in the offenses of which he was accused. The defendant appeals. While we understand and may share the lower court’s reluctance to do so, the mandatory terms of Sec. 790.08(3), Fla.Stat. (1983) require that Carneiro’s motion be granted.
Reversed.
. 790.08 Taking possession of weapons and arms; reports; disposition; custody.—
(3) If the person arrested as aforesaid is acquitted of the offenses mentioned in subsection (2), the said weapons, electric weapons or devices, or arms taken from him as aforesaid shall be returned to him; however, if he fails to call for or receive the same within 60 days from and after his acquittal or the dismissal of the charges against him, the same shall be delivered to the sheriff as aforesaid to be held by him as hereinafter provided. This subsection shall likewise apply to persons and their weapons, electric weapons or devices, or arms who have heretofore been acquitted or the charges against them dismissed.
Cases With Similar Vibessemantic neighbors from the corpus
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Alvarez v. State, 485 So. 2d 470 (Fla. 3d DCA 1986)…e, the state is forever barred from prosecuting an individual for offenses arising out of the incident during which the property was confiscated, section 790.08(3) mandates return of his property upon proper and timely motion. See Carneiro v. State, 464 So. 2d 639 (Fla. 3d DCA 1985). Accordingly, the [*471] order denying Alvarez’ motion for return of property is Reversed. . 790.08 Taking possession of weapons and arms; reports; disposition; custody.— (3) If the person arrested as aforesaid is acquitted of…
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Berkman v. State, 666 So. 2d 606 (Fla. 3d DCA 1996)…ct of any charges pending against appellant nor necessary evidence for the charges currently pending, Section 790.08(3) of the Florida Statutes mandates their return to appellant. Davila v. State, 655 So. 2d 245 (Fla. 3d DCA 1995); Cameiro v. State, 464 So. 2d 639 (Fla. 3d DCA 1985). REVERSED.…
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Tiller v. State, 650 So. 2d 1134 (Fla. 4th DCA 1995)
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- Corneiro v. The Honorable Harold Solomon, 450 So. 2d 599 (Fla. 3d DCA 1984)