DANIEL G. DURAIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
Daniel Durain appeals the trial court order which denied in part and granted in part his motion for the return of property seized following his arrest in June 1996. We affirm in part and reverse in part.
A trial court is vested with an inherent power to assist the true owner in the return of property held in custodia legis. See Garmire v. Red Lake, 265 So. 2d 2 (Fla.1972); Brown v. State, 613 So. 2d 569 (Fla. 2d DCA 1993). Durain’s motion was facially sufficient in that he alleged that the property at issue was his personal property, was not the fruit of criminal activity, and was not being held as evidence. See Brown. The State failed to respond to the trial court’s order directing it to cite applicable case law and attach all relevant portions of the record to refute Durain’s contention that the property should be returned. We therefore affirm that portion of the order returning Du-rain’s wallet and contents including his credit cards, social security card, pictures and other papers. We reverse that portion of the order denying the return of $187.00 in currency also contained in the wallet.
Affirmed in part; reversed in part.
CAMPBELL, A.C.J., GREEN and DAVIS, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Deatrick S. Bolden v. State, 875 So. 2d 780 (Fla. 2d DCA 2004)…the return of property. Brown, 613 So. 2d at 570. To be facially sufficient, the motion must allege that “the property at issue was his personal property, was not the fruit of criminal activity, and was not being held as evidence.” Durain v. State, 765 So. 2d 880, 880 (Fla. 2d DCA 2000).4 Implicit in this standard is the requirement that the defendant must specifically identify “property at issue.” However, the defendant need not establish proof of ownership in order to allege a facially sufficient claim for…
-
Almeda v. State, 959 So. 2d 806 (Fla. 2d DCA 2007)…icient, it may order the State to respond by citing applicable case law and attaching portions of the record to refute the defendant’s contention that the property should be returned, after which the motion may be summarily denied. Durain[ v. State, 765 So. 2d 880, 880-81 (Fla. 2d DCA 2000) ]. In the alternative, the trial court may hold an evidentiary hearing.” Bolden, 875 So. 2d at 782. . In Bolden, this court suggested the following guidelines for resolving issues concerning the return of a defendant's pr…
-
Harkless v. State, 975 So. 2d 437 (Fla. 2d DCA 2007)…icient, it may order the State to respond by citing applicable case law and attaching portions of the record to refute the defendant's contention that the property should be returned, after which the motion may be summarily denied. Durain [v. State, 765 So. 2d 880, 880-81 (Fla. 2d DCA 2000)]. In the alternative, the trial court may hold an evidentiary hearing.” Bolden, 875 So. 2d at 782. . At the evidentiary hearing, the trial court must first ascertain whether "the property was confiscated by a law enforcem…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Brown v. State, 613 So. 2d 569 (Fla. 2d DCA 1993)
- Garmire v. Lake, 265 So. 2d 2 (Fla. 1972)