ROBERT REGINALD TILLER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ROBERT REGINALD TILLER, APPELLANT,
STATE OF FLORIDA, APPELLEE
650 So. 2d 1134
Florida District Court of Appeal, Fourth District (1995)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
In this appeal from an order denying an application for return of property where charges which led to the confiscation of the property have been dismissed, the state correctly concedes error. Section 790.08(3), Florida Statutes (1993), mandates the return of weapons seized when the person whose weapons were seized is acquitted or where the charges have been dismissed. See Carneiro v. State, 464 So. 2d 639 (Fla. 3d DCA 1985), and Alvarez v. State, 485 So. 2d 470 (Fla. 3d DCA 1986).
REVERSED AND REMANDED.
HERSEY, GUNTHER and STEVENSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
McCUTCHEON v. State, 773 So. 2d 562 (Fla. 3d DCA 1996)…. As the state has correctly conceded, section 790.08(3), Florida Statutes (1995) requires reversal of the order below denying the appellant’s motion for return of his firearms. Berkman v. State, 666 So. 2d 606 (Fla. 3d DCA 1996); Tiller v. State, 650 So. 2d 1134 (Fla. 4th DCA 1995); Cameiro v. State, 464 So. 2d 639 (Fla. 3d DCA 1985). Reversed.…
Authorities Cited
- Carneiro v. State, 464 So. 2d 639 (Fla. 3d DCA 1985)
- Alvarez v. State, 485 So. 2d 470 (Fla. 3d DCA 1986)