JESUS GONZALEZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
JESUS GONZALEZ, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
786 So. 2d 680
Florida District Court of Appeal, Third District (2001)
Positive Treatment
Cited by 1 case
Opinion of the Court
[*681] CONFESSION OF ERROR
PER CURIAM.
The defendant appeals an order summarily denying his motion for return of property. As properly conceded by the State, the defendant is entitled to an evidentiary hearing to determine whether the property was lawfully seized or held as evidence by law enforcement officials prior to denying the defendant’s motion. See § 705.105, Fla. Stat. (2000); McKinnon v. State, 752 So. 2d 134 (Fla. 2d DCA 2000). Accordingly, we reverse and remand to the trial court for an evidentiary hearing.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Holmes v. State, 997 So. 2d 1184 (Fla. 3d DCA 2008)…turn of property as untimely under [section 705.101(1) of the Florida Statutes], the court is obliged to attach portions of the record showing that the property was seized pursuant to a lawful investigation or held as evidence.”); Gonzalez v. State, 786 So. 2d 680, 681 (Fla. 3d DCA 2001); cf. Romero-Saavedra v. State, 735 So. 2d 1290 (Fla. 3d DCA 1999) (finding untimely defendant’s petition to return currency seized as evidence). Accordingly, we affirm without prejudice for Holmes to file a facially suffici…
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)