NELSON SARMIENTO, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Civil Forfeiture cases and more on FLexlaw
[*827] PER CURIAM.
We affirm the order denying the appellant’s petition for the return of his property seized during his arrest where, as here, the petition was not timely filed within sixty (60) days after the conclusion of the criminal proceeding as is required by section 705.105(1), Fla. Stat. (1997); see Romero-Saavedra v. State, 735 So. 2d 1290 (Fla. 3d DCA 1999) and Crutchley v. Brevard County Sheriff’s Office, 688 So. 2d 371 (Fla. 5th DCA 1997); and where civil forfeiture proceedings against the property were pending at the time of the filing of the petition. See City of Miami v. Barclay, 563 So. 2d 203 (Fla. 3d DCA 1990) (owner not entitled to return of property during pendency of forfeiture proceedings even in the absence of formal charges against owner); City of Coral Gables v. Rodriguez, 568 So. 2d 1302 (Fla. 3d DCA 1990).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Wilson v. State, 957 So. 2d 1264 (Fla. 2d DCA 2007)…3, 344 (Fla. 2d DCA 2005). If he seeks relief from the disposition of funds pursuant to section 705.105(1), his claim may be untimely because it was not filed within sixty days after the conclusion of the criminal proceeding. See Sarmiento v. State, 816 So. 2d 826, 827 (Fla. 3d DCA 2002). Accordingly, we reverse the order denying Wilson’s motion for return of the $108,375 and remand for further proceedings consistent with this opinion. Reversed and remanded. WHATLEY and DAVIS, JJ., Concur.…
-
Harkless v. State, 975 So. 2d 437 (Fla. 2d DCA 2007)…al proceeding or seized as evidence by and in the custody of a law enforcement agency shall vest permanently in the law enforcement agency 60 days after the conclusion of the proceeding.” § 705.105(1), Fla. Stat. (2004). See also Sarmiento v. State, 816 So. 2d 826, 827 (Fla. 3d DCA 2002) (affirming an order denying a defendant’s petition for the return of his property where the petition was not filed within sixty days after the conclusion of the criminal proceeding).…
-
Arel v. State, 160 So. 3d 104 (Fla. 4th DCA 2015)…ourt or clerk of the court from a criminal proceeding or seized as evidence by and in the custody of a law enforcement agency shall vest permanently in the law enforcement agency 60 days after the conclusion of the proceeding.”); Sarmiento v. State, 816 So. 2d 826, 827 (Fla. 3d DCA 2002) (affirming order denying a defendant’s petition for the return of his property where the defendant did not file his petition within sixty days of his criminal proceeding’s conclusion as section 705.105(1) requires). The state…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- City OF Miami v. Barclay, 563 So. 2d 203 (Fla. 3d DCA 1990)
- City OF Coral Gables v. Rodriguez, 568 So. 2d 1302 (Fla. 3d DCA 1990)
- Crutchley v. Brevard Cnty. Sheriff's Off., 688 So. 2d 371 (Fla. 5th DCA 1997)
- V.L. Walker Co., Inc. v. Pugh, 735 So. 2d 1290 (Fla. 3d DCA 1999)
- Alba L. Romero-Saavedra v. State, 735 So. 2d 1290 (Fla. 3d DCA 1999)