ODIS RAY CLOUD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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CASANUEVA, Judge.
Odis Cloud appeals the order of the trial court denying as untimely his motion for return of property filed pursuant to section 705.105, Florida Statutes (2000). ' We reverse and remand for reconsideration of the motion. The trial court did not attach any portions of the record to its order, and we cannot determine whether Cloud’s property was seized pursuant to section 705.105. On remand, the trial court must attach those portions of the record indicating that the property was 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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Citator
Cited By (11 total)
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White v. State, 926 So. 2d 473 (Fla. 2d DCA 2006)…nder this provision, 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. Burden v. State, 890 So. 2d 566, 567 (Fla. 2d DCA 2005); see also Cloud v. State, 801 So. 2d 964 (Fla. 2d DCA 2001); McKinnon v. State, 752 So. 2d 134, 135 (Fla. 2d DCA 2000). If, on remand, the circuit court again summarily denies White’s motion, it must attach portions of the record demonstrating that the currency was seized and held as evid…
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Stevens v. State, 929 So. 2d 1197 (Fla. 2d DCA 2006)…ens’ claim. If, on remand, the circuit court again 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, 957 So. 2d 1264 (Fla. 2d DCA 2007)…0. If the court deems the motion to be facially sufficient, then it must conduct an evi-dentiary hearing or attach those record documents that conclusively refute Wilson’s claim. See Harkless, 32 Fla. L. Weekly at D793, — So. 2d at—; Cloud v. State, 801 So. 2d 964 (Fla. 2d DCA 2001). Further, it is still unclear whether Wilson’s motion seeks relief from a final judgment entered following forfeiture proceedings under sections 932.701 to 932.707, or if he seeks relief pursuant to section 705.105(1). If he seek…
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- Gomez v. State, 768 So. 2d 512 (Fla. 2d DCA 2000)
- Kelsey Hughes v. State, 768 So. 2d 512 (Fla. 2d DCA 2000)