KELSEY HUGHES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Kelsey Hughes appeals the trial court’s order summarily denying his motion for return of property as untimely pursuant to section 705.105, Florida Statues (1999). We reverse and remand for reconsideration of the motion. See McKinnon v. State, 752 So. 2d 134 (Fla. 2d DCA 2000).
Nothing in this court’s record indicates that Hughes’ property was seized pursuant to section 705.105. As this court stated in McKinnon, “[u]nless the court determines that the property was seized or held as evidence by the law enforcement agency involved or that it was seized pursuant to an investigation and was in the custody of the court clerk, it must order its immediate return.” Id. at 135. Consequently, the trial court must either attach documents to its order demonstrating that Hughes is not entitled to relief or conduct an evidentiary hearing.
Reversed and remanded.
BLUE, A.C.J., and FULMER and SALCINES, JJ., Concur.
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Odis Ray Cloud v. State, 801 So. 2d 964 (Fla. 2d DCA 2001)…seized and held as evidence by law enforcement or that the property was seized pursuant to a lawful investigation and was in the custody of the clerk of the court; otherwise, the trial court shall conduct an evidentiary hearing. See Hughes v. State, 768 So. 2d 512 (Fla. 2d DCA 2000). Reversed and remanded. ALTENBERND, A.C.J., and NORTHCUTT, J., concur.…
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Stevens v. State, 929 So. 2d 1197 (Fla. 2d DCA 2006)…summarily denies Stevens’ motion, it must attach portions of the record demonstrating that the motion was untimely. Otherwise, the court must entertain the motion on its merits. See Cloud v. State, 801 So. 2d 964 (Fla. 2d DCA 2001); Hughes v. State, 768 So. 2d 512 (Fla. 2d DCA 2000). Reversed and remanded for further proceedings. STRINGER and SILBERMAN, JJ., Concur.…
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Wilson v. State, 924 So. 2d 969 (Fla. 2d DCA 2006)…On remand, the postconviction court must either attach portions of the record to its order demonstrating that Wilson is not entitled to relief or conduct an evidentiary hearing. See Cloud v. State, 801 So. 2d 964 (Fla. 2d DCA 2001); Hughes v. State, 768 So. 2d 512 (Fla. 2d DCA 2000). Affirmed in part; reversed in part; and remanded. CASANUEVA and VILLANTI, JJ., Concur.…
Authorities Cited
- Cherry Shelton-Mills v. Mills, 752 So. 2d 134 (Fla. 3d DCA 2000)
- McKINNON v. State, 752 So. 2d 134 (Fla. 2d DCA 2000)