MATTHEW JAY BERKMAN, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
MATTHEW JAY BERKMAN, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
666 So. 2d 606
Florida District Court of Appeal, Third District (1996)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
The State confesses error in the trial court’s partial denial of appellant’s motion to return property, which left three handguns seized from appellant during an arrest in the State’s custody. Because the seized firearms are neither the subject 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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McCUTCHEON v. State, 773 So. 2d 562 (Fla. 3d DCA 1996)…PER CURIAM. 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)
- Davila v. State, 655 So. 2d 245 (Fla. 3d DCA 1995)
- J.W. Wikberg Ins., Inc. v. Petras, 655 So. 2d 245 (Fla. 3d DCA 1995)