MARCUS L. MCCANTS, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Eight Hundred, Inc. v. State, 781 So. 2d 1187 (Fla. 5th DCA 2001)
  …as here, time for taking a direct appeal has run — the trial court cannot rely on the state’s unsupported assertion that it needs to retain private property.”); Oleandi; Kern; Stevenson v. State, 688 So. 2d 962 (Fla. 5th DCA 1997); McCants v. State, 671 So. 2d 221 (Fla. 1st DCA 1996); Helmy; Stone v. State, 630 So. 2d 660 (Fla. 2d DCA 1994). Moreover, specific statutory provisions may constitute the basis for refusal to return certain types of property. See, e.g., McKinnon v. State, 752 So. 2d 134, 135 (Fla.…
• McKEEVER v. State, 764 So. 2d 688 (Fla. 1st DCA 2000)
  …rily denied relief without any explanation for its action. Because the motion was facially sufficient to invoke the criminal court’s authority to effect the return of such property, the trial court erred in summarily denying it.”); McCants v. State, 671 So. 2d 221, 221 (Fla. 1st DCA 1996) (“The appellant challenges an order by which a motion for the return of property was summarily denied. The appellant alleged that the property was seized in connection with criminal charges, and that the property is no longe…
• Calavenzo v. State, 695 So. 2d 857 (Fla. 4th DCA 1997)
  …and remand for an evidentiary hearing to determine ownership issues, see Stone v. State, 630 So. 2d 660 (Fla. 2d DCA 1994), to determine whether any of the items owned by Petitioner are no longer needed and should be returned, see McCants v. State, 671 So. 2d 221 (Fla. 1st DCA 1996), and to determine whether the sheriffs office is no longer in possession of items owned by Petitioner, as to which Petitioner may have grounds to bring a separate civil action, see id. at 661; Butler, 613 So. 2d at 1350; Brown v.…

Authorities Cited

• Coon v. State, 585 So. 2d 1079 (Fla. 1st DCA 1991)
• Moore v. State, 533 So. 2d 924 (Fla. 2d DCA 1988)