KENNETH WILLIAM KUBERNAC AND JOYCE SCHNEIDER, APPELLANTS,
v.
HARRELL REID, IN HIS CAPACITY AS SHERIFF OF HAMILTON COUNTY, FLORIDA, APPELLEE

Fla. 1st DCA | 1994-12-07
No. 93-2955
ZEHMER, C.J., and KAHN and VAN NORTWICK, JJ., concur.
656 So. 2d 930 Florida District Court of Appeal, First District (1994) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We reverse that portion of the trial court’s “Final Judgment of Forfeiture” ordering the forfeiture of several vehicles, two rifles, and $1,280 in cash owned by or belonging to Appellants. Appellee wholly failed to establish that any of this property was closely related to the commission of the felony within the meaning of section 932.701(2)(a)5., Florida Statutes (Supp.1992). See City of Edgewood v. Williams, 556 So. 2d 1390 (Fla.1990).

REVERSED.

ZEHMER, C.J., and KAHN and VAN NORTWICK, JJ., concur.

Other
ZEHMER, Chief Judge.

ZEHMER, Chief Judge.

We grant Appellee’s motion to supplement the record with the videotape that was made during the execution of the search warrant on Appellants’ property. Having reviewed the videotape, we also grant Appellee’s motion for rehearing as it pertains to the forfeiture of the 1977 Ford truck, VIN X35JKY27131. The clump of marijuana buds on the front seat revealed by the tape was sufficient evidence that this property was closely related to the commission of the felony.1 However, we deny the motion for rehearing as to the remainder of the property and adhere to our original opinion thereon.

KAHN and VAN NORTWICK, JJ., concur. . Appellant Kenneth Kubernac was charged with a number of violations of chapter 893. He ultimately pleaded guilty to the crimes of manufacturing cannabis; possession of more than 20 grams of cannabis; possession of cocaine; possession of drug paraphernalia; and grand theft III.


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  • Daniel v. State, 667 So. 2d 298 (Fla. 1st DCA 1995)
    …PER CURIAM. We grant the appellee’s motion for rehearing and the motion to supplement the record with an amended information that was inadvertently omitted from the record on appeal. See Kubernac v. Reid, 656 So. 2d 930 (Fla. 1st DCA 1995) (granting rehearing on the basis of a supplemental record); Stewart v. State, 508 So. 2d 564 (Fla. 4th DCA 1987) (same). The amended information conclusively demonstrates that the appellant was charged with possession of cannabis…

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