RAYMOND ADAMS, SR., APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
PER CURIAM.
We reverse the order striking Raymond Adams, Sr.’s complaint for replevin seeking the return of his property. The state properly concedes that Adams is entitled to the requested relief. On October 26, 1993, the trial court had previously granted Adams’ motion for return of property. The trial court has authority to provide for recovery of property after termination of a criminal case, Sawyer v. Gable, 400 So. 2d 992 (Fla. 3d DCA 1991), and the court had jurisdiction to entertain Adams’ request. We therefore reverse the order and remand the cause for further proceedings to facilitate the return of Adams’ property. Adams is instructed to submit to the trial court such proposed orders as may be necessary to effectuate the court’s order granting the return of the property.
Reversed and remanded.
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Citator
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Rubalcaba v. State, 729 So. 2d 994 (Fla. 3d DCA 1999)…gal maximum. The trial court restructured concurrent sentences to consecutive sentences to achieve the original sentencing intent. This court affirmed on appeal, rejecting defendant’s argument that restructuring was improper. See Rubalcaba v. State, 706 So. 2d 1380 (Fla. 3d DCA 1998). In his 1998 motion to correct illegal sentence, defendant again contends that the trial court had no authority to restructure his sentences so as to accomplish the original sentencing intent. That issue was decided against defe…
Authorities Cited
- Sawyer v. Honorable Ellen Morphonios Gable, 400 So. 2d 992 (Fla. 3d DCA 1981)