ZACHARY N. LINVILLE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 2016-12-30
No. Case No. 5D16-1807
BERGER and WALLIS, JJ., concur.
207 So. 3d 379 Florida District Court of Appeal, Fifth District (2016) Positive Treatment
Cited by 11 cases

Opinion of the Court
COHEN, J.

COHEN, J.

The State properly concedes that Zachary N. Linville’s motion for return of personal property was legally sufficient. We agree and reverse and remand for further proceedings. See Bolden v. State, 875 So.2d 780, 782-83 (Fla. 2d DCA 2004) (noting that if motion for return of personal property is facially sufficient, trial court may order State to respond to motion or hold an evidentiary hearing).

REVERSED and REMANDED.

BERGER and WALLIS, JJ., concur.


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  • Whittaker v. State, 223 So. 3d 270 (Fla. 4th DCA 2017)
    …rol or may place the probationer into community control as provided in this section. § 948.06(8)(e), Fla. Stat. (2015) (emphasis added). “[T]he written findings requirement of section 948.06(8)(e) is mandatory, not discretionary.” Barber v. State, 207 So. 3d 379, 384 (Fla. 5th DCA 2016). “The statute provides that there are a number of factors the trial court should consider in making the dangerousness determination, [*274] and that decision must be based on one or more of them.” Id... Nonetheless, because…
  • State v. Rincon, 273 So. 3d 1101 (Fla. 3d DCA 2019)
  • Moore v. State, 268 So. 3d 792 (Fla. 4th DCA 2019)

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