Summary
reversing summary denial of motion for return of property and remanding for evidentiary hearing to determine ownership issues, status and location of seized property, and whether valid basis, if any, exists for permitting retention of the property by seizing agency
Summary of this case from Horn v. StateOpinion
No. 97-4024
Opinion filed April 14, 1999 JANUARY TERM 1999
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; William P. Dimitrouleas, Judge; L.T. Case No. 92-13784 CF.
Salvatore Raffone, Century, pro se.
Robert A. Butterworth, Attorney General, Tallahassee, and Elaine L. Thompson, Assistant Attorney General, West Palm Beach, for appellee.
The state concedes that the trial court erred in summarily denying appellant's motion for return of property. We reverse and remand this matter to the trial court for an evidentiary hearing to determine ownership of the items requested, status and location of the seized property, and a valid basis, if any, for permitting retention of the property by the seizing agency. See Calavenzo v. State, 695 So.2d 857 (Fla. 4th DCA 1997); Wright v. State, 570 So.2d 1135 (Fla. 4th DCA 1990).
REVERSED and REMANDED for further proceedings.
KLEIN, TAYLOR and HAZOURI, JJ., concur.