ROBERT LEE JONES, PETITIONER,
v.
HONORABLE HARRY LEE COE, III, RESPONDENT
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PER CURIAM.
Robert Lee Jones petitions this court for a writ of mandamus directing the respondent to enter an order returning certain personal property. See Estevez v. Gordon, 386 So. 2d 43 (Fla. 3d DCA 1980).
Jones states that he was arrested in 1990 for burglary. At that time the police confiscated “gold coins and $100.00 in cash,” but it was never alleged that this money “was involved in any crime.” The items apparently remain in police custody.
The state indicates that it has no objection to the petition. Accordingly, the circuit court should exercise its inherent power to direct the return of the gold coins and other moneys to Jones. We withhold formal issuance of the writ of mandamus.
SCHOONOVER, C.J., and FRANK and PATTERSON, JJ., concur.
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Citator
Cited By
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Brown v. State, 613 So. 2d 569 (Fla. 2d DCA 1993)…motion is facially sufficient. Moreover, we find no justification for the trial court’s refusal to direct the return of the attache case and other items which the Tampa Police Department admits holding and is willing to relinquish. Cf. Jones v. Coe, 579 So. 2d 905 (Fla. 2d DCA 1991). Accordingly, we reverse this portion of the trial court’s order and direct the court to exercise its inherent power and enter an order requiring the return of those items to Brown. We withhold formal issuance of a writ of mandamu…
Authorities Cited
- Estevez v. Gordon, 386 So. 2d 43 (Fla. 3d DCA 1980)