MARCOS BONIA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
MARCOS BONIA, APPELLANT,
STATE OF FLORIDA, APPELLEE
197 So. 3d 1280
Florida District Court of Appeal, Fifth District (2016)
Positive Treatment
Cited by 2 cases
Opinion of the Court
Appellant challenges the order summarily denying his motion for return of property. The State properly concedes error in that the trial court did not address the applicability of section 705.105, Florida Statutes. See Davis v. State, 63 So.3d 888, 889 (Fla. 5th DCA 2011) (holding that lower court must attach records to establish property was seized as evidence to support summary denial of motion for return of property pursuant to section 705.105); Stevenson v. State, 688 So.2d 962 (Fla. 5th DCA 1997) (reversing denial of motion for return . of property pursuant to section 705.105 where- record did. not establish statute applied).
REVERSED AND REMANDED.
LAWSON, C.J., ORFINGER and TORPY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Adams v. State, 273 So. 3d 195 (Fla. 5th DCA 2019)
Authorities Cited
- Charley Stevenson v. State, 688 So. 2d 962 (Fla. 5th DCA 1997)
- Davis v. State, 63 So. 3d 888 (Fla. 5th DCA 2011)